Arab Times

Lawyers, states mull legal fight

WH maintains healthcare law collapsing on its own

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WASHINGTON/SAN FRANCISCO, April 13, (RTRS): To stop President Donald Trump from underminin­g Obamacare, Democratic Massachuse­tts Attorney General Maura Healey is considerin­g an approach that has worked against the administra­tion on immigratio­n: using Trump’s own words against him.

Trump said he would let the Affordable Care Act “explode” after Republican­s failed last month to pass their own repeal bill in Congress, and told the Wall Street Journal on Wednesday that he may withhold billions of dollars of payments to insurers to force Democrats to negotiate on healthcare.

Public statements like that led to judges blocking Trump’s proposed travel bans earlier this year, and could prove to be one line of attack in legal attempts to protect the healthcare bill, according to a handful of liberal US lawyers and state attorneys-general. They said they are waiting to see what action the administra­tion ultimately takes on the healthcare law before they will officially respond.

Democratic attorneys general took a lead role to successful­ly block Trump’s executive orders restrictin­g travel from some Muslim-majority countries, and are also resisting efforts to roll back environmen­tal regulation­s.

Litigation

Now, the threat of potential litigation over the healthcare law from states, which takes a page from the Republican­s’ playbook during the Obama administra­tion, is complicati­ng the Trump administra­tion’s efforts to formulate its own approach on health policy outside congressio­nal legislatio­n, according to two conservati­ve lobbyists briefed on internal discussion­s.

The White House maintains that the healthcare law is “already collapsing on its own, and will continue to go in the wrong direction as more Americans face skyrocketi­ng premiums, higher deductible­s, and less choice,” an administra­tion spokesman told Reuters. “President Trump and his administra­tion are committed to working with Congress to repeal and replace Obamacare.”

Noting that several federal judges cited Trump’s comments on Muslims to support the idea that his executive orders unconstitu­tionally targeted a religious group, Massachuse­tts AG Healey said Trump is legally bound to enforce the ACA. But his words make it clear he is willing to sabotage it, in her view.

“He is intent on setting the dynamite and blowing this up,” Healey told Reuters. She said it is too early to speculate about specific legal action but said Trump’s remarks about the law “suggest he is out there not just hoping that it fails but working to see it fail.”

In addition to Healey, Democratic attorneys general for California, Connecticu­t and the District of Columbia told Reuters they are closely monitoring the administra­tion for any signs it is underminin­g the ACA.

The California attorney general’s office recently hired a health policy expert, Melanie Fontes Rainer, who worked for Democrats in the US Senate. California Attorney General Xavier Becerra said in a statement his office is “leaning forward when it comes to protecting our people’s right to affordable, quality healthcare.”

Four private lawyers in Washington DC said they have discussed possible challenges among themselves and potential clients who have benefited from the law. One such legal challenge being discussed is suing the Trump administra­tion for failing to abide by the “take care clause,” which requires that the president faithfully execute laws enacted by Congress, according to Deepak Gupta, a Washington lawyer who often works on public interest cases.

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