DOJ says it won’t defend ObamaCare in court

The Justice Department said in a brief filed Thursday in a Texas federal court that it would not defend the Affordable Care Act, or ObamaCare, against a court challenge by 20 Republican-run states. The case, pushed by the Texas attorney general and fellow Republican leaders in other states, argues that the elimination of the health-care law’s tax penalty for uninsured individuals makes its individual mandate, which requires that individuals get health insurance, unconstitutional. The Justice Department said that also meant that other parts of the law had to go, including the provision barring insurance companies from denying coverage for people who have pre-existing conditions. The DOJ decision amounts to a clean break with standard executive branch policy to fight to uphold laws as passed by Congress.

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