Answer: The Justice Department told a federal district court in Texas on Thursday that the health care law's key provision - a mandate requiring most people to buy insurance - is soon to be unconstitutional.
But Justice Department lawyers do argue that with no penalty for not having coverage, the federal government can not make health insurers cover sick consumers or prohibit insurers from charging sick consumers higher premiums, as was routinely done before the health care law was implemented.
Democrats don't mind this comparison, in part because polls have shown that not only is health care a top issue for many voters, but it's an issue that helps Democrats.
Many Democrats said health care is the GOP's greatest political vulnerability in the November congressional elections and by siding with Texas in the court case Thursday night, President Donald Trump's Justice Department poured gasoline on already burning fire. MacArthur worked on legislation to continue pre-existing condition protections during the GOP's unsuccessful effort to repeal Obamacare past year.
Republicans in Congress have tried endlessly to the repeal the Affordable Care Act since it was signed into law in 2010 by President Barack Obama. "Their job is to defend federal programs", Bagley says, noting that he has not talked with any of them about the case.
Two months later, Texas and the 19 other states filed suit in U.S. District Court in Fort Worth, asserting that the mandate could no longer be justified as a tax and should therefore be struck down - and arguing that as a result, the rest of the law must be invalidated, too.
The Supreme Court in 2012 upheld a major provision of the law that required most Americans to have health insurance or pay a tax penalty.
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None of the three ministers threatened to resign during the discussions, a spokeswoman for the Prime Minister said. It only comes in if the agreed end-state customs arrangement has not been brought into place by January 2021.
The administration said it agrees with Texas.
Attorney General Jeff Sessions said in a letter to Congress that Trump, who campaigned on repealing the law and almost did so his first year in office, approved the legal strategy. The administration decided its "dislike for the Affordable Care Act outweighed its respect for the rule of law".
However, the Trump administration believes the provision of the ACA guaranteeing affordable rates to those with pre-existing conditions must be thrown out with the individual mandate.
O'Connor issued an order on May 16 that grants California and other states that support the ACA official intervenor status. Already, Democratic candidates in the midterm elections had been playing up their party's role in blocking last year's repeal efforts and their recent success in pushing for the expansion of Medicaid in two more states. Even that, however, proved impossible to do, and in the end they settled for a small morsel: Tucked into their tax cut bill was a provision effectively repealing the individual mandate by reducing the fine for not carrying insurance to zero.
The Justice Department legal position nevertheless signals a remarkable willingness by the Trump administration to abandon landmark consumer protections in the health care law that for the first time prohibit health insurers from turning away sick consumers.
However, the federal support for the states' lawsuit is unusual, since the Justice Department typically defends existing law. "With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all".
In a statement, America's Health Insurance Plans, a leading trade group, predicted the Trump administration's decision could lead to difficultly for insurers setting rates, a patchwork of state insurance requirements, and higher rates for older and sicker Americans. "Instead, it exacerbates our current challenges and creates further uncertainty that could ultimately result in higher costs for millions of Americans and undermine essential protections for people with pre-existing conditions, such as asthma, cancer, heart disease, arthritis and diabetes", she said.
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It all sounds very similar to Microsoft's Xbox Game Pass , which offers access to many of that consoles' titles for $9.99/month. In addition, Origin Access Premier subscribers will still get the 10-percent discount on any Origin purchase they make.
Texas and the accompanying states have asked for a preliminary injunction that could suspend the entire law while the case plays out in court.
Senate Democratic Leader Chuck Schumer of NY urged President Donald Trump to reverse the decision.
Many health care experts disagree with that position.
Equally notable, three career prosecutors in the department withdrew from the case just before the administration announced the decision not to defend the health care law.
"I don't understand why the White House would do this, and no one is communicating how they want people to navigate this issue", said one Republican strategist working on Senate races, who demanded anonymity to speak freely.
Because the lawsuit could easily go all the way to the U.S. Supreme Court, a process that could take years, the protections for people with preexisting conditions are likely to stay in place during that period.
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During the summit, Trump demanded that G-7 countries reduce their trade barriers and defend the tariffs on aluminum and steel. He is now raging on Twitter about a statement given by Canadian Prime Minister Justin Trudeau following Trump's early exit.