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The Trump administration's U.S. Department of Justice (DOJ) on June 7, stated it will not defend the Affordable Care Act from litigation spearheaded by 20 conservative Republican-led states that aims to invalidate the ACA. Rather than defend the law, the DOJ has asked a Texas court to overturn the ban on denying insurance coverage to those with pre-existing conditions. The Texas lawsuit, filed in February, argues that the recent congressional action to eliminate the individual mandate should result in other key provisions of the ACA being overturned.
Essentially, the 20 GOP-led states are reviving the 2010 lawsuit argument over the constitutionality of the ACA.
According to news reports, Attorney General Jeff Sessions explained the decision in letters to House Speaker Paul Ryan (R-WI) and Minority Leader Nancy Pelosi (D-CA), indicating that Congress’ action repealing the individual mandate means that ACA provisions banning insurers from denying coverage or charging more to those with pre-existing health conditions are now invalidated.
While the ACA remains the law and there is no immediate threat to pre-existing coverage protection, legal experts are noting that it is extremely far from precedent that a sitting administration would not argue the constitutionality of a sitting law.
Sources: InsideHealthPolicy, Politico, Bloomberg BNA, New York Times
Posted 6/8/2018