HealthLeaders Media May 2, 2019
DOJ ‘upon further consideration’ explains why it abandoned it partial defense of the ACA.
KEY TAKEAWAYS
DOJ says ‘upon further consideration and review of the district court’s opinion, it is the position of the United States that the balance of the ACA also is inseverable and must be struck down.’
Absent the mandate, DOJ says ‘Congress would not have intended to retain the guaranteed-issue and community-rating provisions.’
Moreover, once those core provisions are excised, DOJ says ‘the balance of the ACA cannot continue to operate as intended.’
The Trump Administration this week detailed its argument for a judicial repeal of the Affordable Care Act.
“The district court correctly ruled that, in the absence of...
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