• News & Politics
  • Culture
  • Food
salon logo
  • Science & Health
  • Life Stories
  • Video
  • About
subscribe
Profile Login/Sign Up Sticky Header: Night Mode: Saved Articles Go Ad-Free Logout
Contribute

Keep Salon Independent

salon logo
subscribe

Trump changes legal strategy, argues entire Obamacare law is unconstitutional

The Trump administration argued on Wednesday that Obamacare was unconstitutional and should be struck down

By Matthew Rozsa

Staff Writer

Published May 2, 2019 2:44PM (EDT)

 (AP/Getty/Salon)
(AP/Getty/Salon)
--

Shares

Facebook
Twitter
Reddit
Email
view in app

President Donald Trump is once again trying to destroy the Affordable Care Act.

In an argument to a federal appeals court on Wednesday, the Trump administration claimed that the signature health care law passed by President Barack Obama is unconstitutional and should be struck down in its entirety. As The New York Times reported, this is a shift from the Trump administration's previous position that certain parts of the law should be allowed to stand and it has "confounded many people in Washington, even within the Republican Party, who came to realize that health insurance and a commitment to protecting the A.C.A. were among the main issues that propelled Democrats to a majority in the House of Representatives last fall."

"The Trump administration chose to abandon ship in defending our national health care law and the hundreds of millions of Americans who depend on it for their medical care," California Attorney General Xavier Becerra, said in response to the filing. "Our legal coalition will vigorously defend the law and the Americans President Trump has abandoned."

Even though most experts believe around 21 million people would lose their health insurance if Obamacare is overturned, Trump's acting chief of staff Mick Mulvaney told ABC News Correspondent Jonathan Karl in March that he did not believe that would be the case.

"Yes and here's why. Let's talk about pre-existing conditions, because it gets a lot of the attention and rightly so. Every single plan that this White House has ever put forward since Donald Trump was elected, covered pre-existing conditions," Mulvaney explained.

Although a Texas judge ruled to overturn the Affordable Care Act in December, the significance of that ruling was mitigated by the fact that the judge was a conservative known for his politically motivated decisions.

"Don't panic," Cristian Farias of The New York Times editorial board wrote at the time. "The ruling, issued late on Friday and only one day before the end of the law’s annual open enrollment period, is not a model of constitutional or statutory analysis. It’s instead a predictable exercise in motivated reasoning — drafted by a jurist with a history of ruling against policies and laws advanced by President Barack Obama."

He added, "The reason the judge, Reed O’Connor, gets these cases isn’t a mystery: Texas and its allied states know the game and shop these lawsuits right into Judge O’Connor’s courtroom."

There are also political reasons why many Republicans don't want the Affordable Care Act to be repealed.

"The fact that they could cause their fellow Republicans harm did not seem to bother them," Gail Wilensky, an economist who worked for President George H. W. Bush, told the Associated Press in December. "The people who raised it are a bunch of guys who don’t have serious election issues, mostly from states where saber-rattling against the ACA is fine. How many elections do you have to get battered before you find another issue?"

As of March, a Kaiser Family Foundation poll found that 50 percent of Americans had a favorable review of the bill, compared to 39 percent who had an unfavorable view of it and 12 percent who are unsure or refused.


By Matthew Rozsa

Matthew Rozsa is a professional writer whose work has appeared in multiple national media outlets since 2012 and exclusively at Salon since 2016. He received a Master's Degree in History from Rutgers-Newark in 2012, was a guest on Fox Business in 2019, repeatedly warned of Trump's impending refusal to concede during the 2020 election, spoke at the Commonwealth Club of California in 2021, was awarded a science journalism fellowship from the Metcalf Institute in 2022 and appeared on NPR in 2023. His diverse interests are reflected in his interviews including: President Jimmy Carter (1977-1981), Israeli Prime Minister Ehud Barak (1999-2001), animal scientist and autism activist Temple Grandin, Secretary of State Madeleine Albright (1997-2001), director Jason Reitman ("The Front Runner"), inventor Ernő Rubik, comedian Bill Burr ("F Is for Family"), novelist James Patterson ("The President's Daughter"), epidemiologist Monica Gandhi, theoretical cosmologist Janna Levin, voice actor Rob Paulsen ("Animaniacs"), mRNA vaccine pioneer Katalin Karikó, philosopher of science Vinciane Despret, actor George Takei ("Star Trek"), climatologist Michael E. Mann, World War II historian Joshua Levine (consultant to "Dunkirk"), Washington Gov. Jay Inslee (2013-present), dog cognition researcher Alexandra Horowitz, Libertarian presidential candidate Gary Johnson (2012, 2016), comedian and writer Larry Charles ("Seinfeld"), seismologist John Vidale, Democratic vice presidential nominee Joe Lieberman (2000), Ambassador Michael McFaul (2012-2014), economist Richard Wolff, director Kevin Greutert ("Saw VI"), model Liskula Cohen, actor Rodger Bumpass ("SpongeBob Squarepants"), Senator John Hickenlooper (2021-present), Senator Martin Heinrich (2013-present), Egyptologist Richard Parkinson, Rep. Eric Swalwell (2013-present), Fox News host Tucker Carlson, actor R. J. Mitte ("Breaking Bad"), theoretical physicist Avi Loeb, biologist and genomics entrepreneur William Haseltine, comedian David Cross ("Scary Movie 2"), linguistics consultant Paul Frommer ("Avatar"), Maryland Gov. Martin O'Malley (2007-2015), computer engineer and Internet co-inventor Leonard Kleinrock and right-wing insurrectionist Roger Stone.

MORE FROM Matthew Rozsa


Related Topics ------------------------------------------

Affordable Care Act All Salon Donald Trump Ken Paxton News & Politics Obamacare

Related Articles


Advertisement:
Advertisement:

Trending Articles from Salon

Advertisement:
Advertisement:
  • Home
  • About
  • Staff
  • Contact
  • Privacy
  • Terms of Service
  • Archive
  • Go Ad Free

Copyright © 2023 Salon.com, LLC. Reproduction of material from any Salon pages without written permission is strictly prohibited. SALON ® is registered in the U.S. Patent and Trademark Office as a trademark of Salon.com, LLC. Associated Press articles: Copyright © 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


DMCA Policy