By Josh Blackman March 27 at 4:10 PM Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and an adjunct scholar at the Cato Institute. He has published two books on the Affordable Care Act.
In the short term, this position will have little impact on the ACA litigation. Other parties, including the House of Representatives, can defend the entire law. But in the long run, this move is counterproductive. The Justice Department has amassed a treasure trove of goodwill and credibility among federal courts over the years. But going forward, judges may be less willing to afford the executive branch this unique type of deference.
Generally, the executive branch has an obligation, where possible, to defend the constitutionality of federal laws. And if part of the law is constitutional, the executive branch usually tries to salvage the remainder of the statute. Sessions took a different path. In June 2018, he informed Congress that the Justice Department would no longer defend the constitutionality of the individual mandate. I agreed with his decision — the $0 penalty can no longer be saved as a tax.
At a minimum, Attorney General William P. Barr should do what his predecessor did — explain why he is no longer defending other portions of the law. That task may be hard. According to reports from Politico, the White House pushed this position over Barr’s objection. Even if the attorney general can make the case, there still may be fallout.
Anyone remember when the media was totally against Obamacare? Go back and read the articles. It's strange how they flip flop all the time.
Give us a break! No one can afford health care-certainly not Obamacare. Be for the people-not for the Democrat party.
Putin visa via 45.5 has escalated the war on America.
No, it doesnt. If they dont have a replace plan, they will be voted out. They know that.
Please. The DOJ has just let itself become the official drivers of the clown car, and the circus just ramped up another notch.
The Barr letter to Congress also damaged the DOJ.
Don't you ever grow tired of writing opinion pieces barely anybody cares about?
Maybe so, but they are doing his bidding nonetheless. Evil and vile.
The only reason you do not like Obamacare is because it is called after someone you don't like and are jealous of. Get smart and stop hurting the people of this country. You can't MAGA by tearing our healthcare apart.
Well opinions are like assholes, everyone seems to have one!
The monopoly?
RaeMargaret61 thank you!
this is why nobody believes you anymore guys.
The DOJ may never fully recover from the last week thanks to Trump and Barr
Obamacare is flawed and anyone who thinks it works is retarded
yawn
NoCollusion TrumpDerangementSyndrome
Trump:
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