The Department of Justice informed the Supreme Court that it would no longer back challenges to Obamacare, reversing the Trump administration’s stand that the health care law was unconstitutional and should be struck down.
The letter from Deputy Solicitor General Edwin Kneedler on Wednesday said the department does not support a lawsuit filed by a number of Republican attorneys general arguing that the entire Affordable Care Act must be scrapped because Congress did away with the individual mandate.
“Following the change in Administration, the Department of Justice has reconsidered the government’s position in these cases,” Kneedler wrote to the court.
The Biden administration “no longer adheres to the conclusions in the previously filed brief of the federal respondents.”
The court is expected to announce its ruling on Obamacare this spring after hearing oral arguments on the 2010 law a week after the November presidential election.
The homepage for HealthCare.gov, displaying health care options under the Affordable Care Act. U.S. Centers for Medicare & Medicaid Service via APAt the time, the justices appeared to be inclined to allow it to stand.
Chief Justice John Roberts told the attorney representing Texas that Congress had the opportunity to repeal the law when it eliminated the tax penalty for not having health insurance.
“I think it’s hard for you to argue that Congress intended the entire act to fall if the mandate was struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,” Roberts said.
Biden’s DOJ will not challenge Obamacare, a new letter revealed. REUTERS/Will Dunham/File PhotoThe Trump administration’s Department of Justice in 2019 backed a Texas judge’s decision to repeal the Affordable Care Act after the individual mandate was severed.
“The Department of Justice has determined that the district court’s judgment should be affirmed,” lawyers for the Justice Department wrote in the letter.
“[T]he United States is not urging that any portion of the district court’s judgment be reversed.”
Kneedler said if the justices find the individual mandate to be unconstitutional, it should be separated from the law.






