Porterville Recorder

Justice Department says heart of health law unconstitu­tional

- By MARK SHERMAN

WASHINGTON — The Trump administra­tion said in a court filing late Thursday that it will no longer defend key parts of the Affordable Care Act, including the requiremen­t that people have health insurance and provisions that guarantee access to health insurance regardless of any medical conditions.

The decision, announced in a filing in a federal court in Texas, is a rare departure from the Justice Department’s practice of defending federal laws in court. Texas and other Republican-led states are suing to strike down the entire law because Congress recently repealed a provision that people without health insurance must pay a fine. The repeal takes effect next year.

Texas says that without the fine in place the requiremen­t to have health insurance is unconstitu­tional and that the entire law should be struck down as a result.

The administra­tion says it agrees with Texas that the so-called individual mandate will be unconstitu­tional without the fine. It also says that provisions shielding people with medical conditions from being denied coverage or charged higher premiums and limiting how much insurers can charge older Americans should fall as well.

But it says the rest of the law, including Medicaid expansion, can remain in place.

In many ways, the lawsuit, filed in February, is a replay of the politicall­y divided litigation that ended with the Supreme Court upholding the health care overhaul in 2012. In the new suit, California is leading a group of Democrat-led states in defending the law.

The major difference is that the Justice Department under President Donald Trump has largely switched sides.

Attorney General Jeff Sessions said in a letter to Congress on Thursday that Trump, who campaigned on repealing the law and nearly did so his first year in office, approved the legal strategy.

 ?? AP PHOTO BY ANDREW HARNIK ?? In this April 25, file photo, Attorney General Jeff Sessions speaks on Capitol Hill in Washington.
AP PHOTO BY ANDREW HARNIK In this April 25, file photo, Attorney General Jeff Sessions speaks on Capitol Hill in Washington.

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