The government of Donald Trump asked the Supreme Court, amid the coronavirus pandemic, to overturn the health law of U.S, better known as ‘Obamacare‘.
The High Court, which has ruled twice in favor of ‘Obamacare’ in the past, is now studying a case brought by some twenty states in the hands of Republicans who They argue that following legislative changes in 2017, the law is unconstitutional.
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This standard, formally known as the Affordable Care Act (ACA) states that millions of Americans must buy health insurance or face a tax penalty that it was considered an individual mandate.
But in 2017 Congress removed the fine for people who didn’t sign up, suppressing a key part of the device devised by the government of President Barack Obama.
The Department of Justice (DoJ) then argues that “the individual mandate is not separable from the rest of the law.” Because of that, “the mandate is now unconstitutional as a result of the removal by Congress (…) of the fine for non-compliance, “he noted. As a result,” the entire ACA must comply with the individual mandate. “
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The Department of Justice also argues that coverage that protects people with pre-existing conditions and mandates that insurers cannot reject clients because of their age, sex, or health status, It must also be revoked.
In December 2018, a Texas federal judge had already declared the reform unconstitutional, opening legal litigation that is now in the hands of the Supreme Court with states in the hands of Democrats, who defend it.
The Executive, chaired by Donald Trump, resigned from exercising the defense of the law in this case, in an unusual decision, and now it has gone one step further aligning with demand drivers.
A White House spokesman, Judd Deere, said in a statement that “a global pandemic does not change what Americans know: ‘Obamacare’ has been an illegal failure. ”
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