Millions of people would lose health insurance if the administration gets its way
Trump spent most of 2017 trying to pass legislation that would repeal Obamacare, as the ACA is known. When that failed, his administration focused on using its regulatory authority to undermine the law.
from a federal district judge in Texas, it is currently before the U.S. 5th Circuit Court of Appeals. If it gets past the 5th Circuit, it would almost certainly go before the U.S. Supreme Court, which has already turned away two major challenges to the 2010 health care law. And those cases wereRepublican
Because Congress originally intended for the law’s interlocking pieces to work together, and because judges must respect the will of Congress, the entire statute should come off the books ― or so the lawsuit claims.. Congress may have once thought the penalty was an essential part of the law, these experts note, but by 2017 Congress had obviously changed its mind, as it has the right to do.
With so many experts criticizing the argument, and quite a few mocking it, the chances for success would appear to be slim. Still, the 5th Circuit is full of conservative Republican appointees ― and, at this point, nobody is willing to dismiss the threat of this lawsuit out of hand.
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