DOJ formally backs lawsuit that could strike Obamacare entirely

A Texas judge “correctly held” that Obamacare’s individual mandate to hold insurance is inseparable from the rest of the law, the Trump administration told an appeals court Wednesday in arguing the entire program must fall.

The Justice Department’s brief solidified President Trump’s support for a lawsuit that could decimate his predecessor’s signature health program, even though Republicans haven’t reached consensus on a replacement.

It’s also a change of heart.

Administration lawyers once took a limited view of the state-driven challenge, saying a narrow slice of Obamacare should be struck after Congress decided to zero out the penalty for shirking insurance as part of the GOP tax overhaul.

They changed course after the lower court sided with state Republicans who say the tweak made the entire program unconstitutional, including its protections for sicker Americans, subsidies for private coverage and sweeping expansion of Medicaid in dozens of states.
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