The
Trump administration on Monday told a federal appeals court that the
whole Affordable Care Act must be abolished, setting for a clash between
President Trump and 2020 Democratic candidates embracing “Medicare for All” system.
Justice
Department attorneys filed a letter with the U.S. Court of Appeals for
the Fifth Circuit in New Orleans asking to effectively strike down the ACA in its entirety, agreeing with the landmark ruling made by a federal judge in Texas last year.
"The
Department of Justice has determined that the district court’s judgment
should be affirmed. Because the United States is not urging that any
portion of the district court’s judgment be reversed, the government
intends to file a brief on the appellees’ schedule," the filing read.
U.S.
District Judge Reed O’Connor ruled last year that Obamacare is no
longer constitutional because the tax reform – as enacted by Republicans
–eliminated the health care law’s penalty for not having health
insurance.
The administration initially insisted that only certain
parts of the law should be invalidated, including protections for
people with pre-existing conditions. But the latest filing moved on from
the earlier position and embraces the total overturn of the law.
The
filing noted that the government will file a brief in support of the
Texas-led coalition of states that are trying to overturn the health
care law, given that “the United States is not urging that any portion
of the district court’s judgment be reversed,” the Washington Post reported.
“The
Department of Justice has determined that the district court’s
comprehensive opinion came to the correct conclusion and will support it
on appeal,” Kerri Kupec, a spokeswoman for the Justice Department, told
the newspaper.
A victory for the government would mean that
millions of people could potentially lose their health care and causing
particular disruption within the industry as no replacement system would
be put in place.
Over
11 million reportedly signed up for Obamacare coverage this year, it
was announced this week. That’s just slightly less than compared to
2018. At the same time, however, the number of new customers fell by
more than 500,000, a worrying sign for the backers of the system.
The
move to support efforts to strike down the ACA will undoubtedly pit
Trump and Democratic presidential candidates, such as Sens. Bernie
Sanders and Kamala Harris, who are increasingly embracing abolishing
private insurers and support the creation of a single-payer system.
At
the same time, the latest effort to completely invalidate the law may
prove Congressional Democrats right, who warned during the midterm
election last year that Republicans are trying to repeal the law,
including the protections for people with pre-existing conditions, while
Republicans denied such plans.
The Associated Press contributed to this report.