Trump's Justice Department is now urging the courts to repeal all of ObamaCare

Attorney General Bob Barr
(Image credit: Getty Images)

In a court filing Monday, the Justice Department shifted its legal position on the Affordable Care Act, asking the U.S. 5th Circuit Court of Appeals to strike down the entire 2010 law, commonly known as ObamaCare. In December, U.S. District Judge Reed O'Connor in Texas ruled that ObamaCare became effectively unconstitutional when Republicans zeroed-out the individual mandate in their 2017 tax overhaul. In Monday's filing, the DOJ said it had "determined that the district court's judgment should be affirmed."

"The Department of Justice has determined that the district court's comprehensive opinion came to the correct conclusion and will support it on appeal," spokeswoman Kerri Kupec underscored in a statement. Previously, President Trump's Justice Department had argued for scrapping ObamaCare's protections for pre-existing conditions but not the rest of the law. When the Trump DOJ declined to defend ObamaCare in court, a group of 21 Democratic state attorneys general stepped in, and House Democrats also threw legal support behind the law after winning the House.

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Peter Weber, The Week US

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.