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DOJ lays out case for striking down Obamacare in its entirety

Posted at 5:06 PM, May 01, 2019
and last updated 2019-05-01 18:06:50-04

The Trump administration offered its first full argument Wednesday for its reversal on the Affordable Care Act, arguing in new court filings that the entire law "should not be allowed to remain in effect."

The government argues that the so-called "individual mandate" requiring Americans to have coverage is unconstitutional and that the rest of the law should therefore also be struck down, even if the government "might support some individual provisions as a policy matter."

The landmark legislation provides health care coverage to millions of Americans.

The administration's criticism of the law came in a filing with the conservative-leaning 5th Circuit Court of Appeals that will hear arguments in July and possibly tee up a Supreme Court case next term that could finally decide the fate of the law and render a decision during the heart of the presidential election.

If the law is struck down, it would be a major victory for President Donald Trump , who has worked his entire presidency to wipe away a signature legislative achievement of the Obama administration.

"Instead of rewriting the statute by picking and choosing which provisions to invalidate, the proper course is to strike it down in its entirety," government lawyers wrote.