NY braces itself against Justice Department's assertion it won't defend ACA

Justice Department says heart of health law unconstitutional

On Friday, America's Health Insurance Plans, an insurance industry trade group, criticized the federal government's filing. "The decision by the Department of Justice to abandon critical patient protections is devastating for the millions of Americans who suffer from serious illnesses or have preexisting conditions and rely on those protections under current law to obtain life-saving healthcare", read a joint statement from the American Cancer Society Cancer Action Network, the American Diabetes Association, the American Heart Association, the American Lung Association and the National Multiple Sclerosis Society.

"The Justice Department has a long-standing, durable, bipartisan commitment to defend acts of Congress".

Many advocates spoke out against the Trump administration's stance on the law's consumer protections.

"I'm running for Congress because a year ago, during the lead up to my son's birth, our doctor told my wife and I that our son may not survive or have a serious health condition for the rest of his life", Kim said Friday.

"There's some hope that they will prevail", Stanford said.

Attorney General Jeff Sessions highlighted the two provisions in a letter to House Speaker Paul Ryan. But Sessions said this was a "rare case" and not unprecedented.

Supreme Court ruled that opponents of the ACA individual coverage mandate could not win a preliminary injunction blocking the mandate, because the ACA individual mandate was a tax, and a federal law prohibits parties from seeking preliminary injunctions to block new federal taxes.

NY was one of 17 states to intervene in the case in May in defense of the ACA. Instead, Justice officials argue in their brief that the ACA's insurance requirement will not become unconstitutional until January, so that "the injury imposed by the individual mandate is not sufficiently imminent" and that the judge could issue a final ruling in the case before then. That included the expansion of Medicaid, allowing young people to stay on their parents' insurance up to age 26, and forbidding insurance companies from denying anyone coverage or charging them more because of pre-existing conditions, which just about all of us either already have or will one day have.

Pelosi and other supporters of the ACA were quick to condemn the move. But since President Trump was elected, he has done what he can to undermine it.

More news: Rain cuts short Nadal fightback, Muguruza crushes Sharapova

In a June 2017 poll, Kaiser found that protection for people with pre-existing conditions was an issue with bipartisan support. If the court ends up siding with the Trump administration and the Republican states that brought the suit, the consequences would be significant, Perlman said.

Q: How can the federal government refuse to defend a federal law?

"In light of yesterday's news that the Justice Department will no longer be defending the Affordable Care Act, a reminder: the ACA isn't collapsing".

Mark Showalter, chairman of the Department of Economics at BYU, contended that although protections for people with pre-existing conditions is a well-liked part of the law and the individual mandate penalty was considered deeply unpopular, the provisions are two sides of the same coin. The Kaiser Family Foundation puts the number at about a quarter of the country's under-65 population.

Successfully defending Obamacare will, however, be a heavy lift. States such as California will take up the law's defense, and the legal battle will continue.

The Trump administration's move fueled accusations that it was politicizing the Justice Department, which is supposed to defend the constitutionality of federal statutes in court - even if the administration in power does not like them - if reasonable arguments can be made.

"When insurance companies face uncertainty, they increase premiums", Levitt tweeted Thursday night. The repeal takes effect next year. They say the rest of the law is not able to be separated from the mandate, and therefore should also be overturned.

The president last fall ended "cost-sharing reduction payments" to insurers that offset discounts that the law promises to lower-income customers in the out-of-pocket costs for ACA health plans. Jost wrote that "is hard to escape the conclusion that the brief is an attempt to use the courts to do what Congress was unwilling to do: repeal major consumer protections of the ACA". Experts believe that could entice healthier people to exit the marketplace in favor of less-expensive, short-term plans, leaving the marketplace with a sicker population that could drive insurance costs higher.

In an unusual filing just before 6 p.m. Thursday, when the brief was due, the three career Justice attorneys involved in the case - Joel McElvain, Eric Beckenhauer and Rebecca Kopplin - withdrew. "The White House needs to hear that the American people will not stand for this", Murphy said.

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