DOJ Tells Court It Won't Defend Provisions of ACA / by Joe Furia

The Department of Justice (DOJ) last week told a federal court that it would no longer defend key provisions of the Affordable Care Act (ACA), including ones that require individuals to have health insurance and protect consumers with pre-existing medical conditions. This week one of the DOJ attorneys who withdrew from an ongoing case over the ACA just before the government said it would no longer defend the law has resigned. The DOJ filing is in a lawsuit brought by 20 Republican-led states in February and asks the court to declare the ACA unconstitutional because the recently enacted Tax Cuts and Jobs Act repealed the tax penalty enforcing the ACA's individual mandate. The individual mandate repeal takes effect next year. The AHA and other national hospital associations will file an amicus brief in support of the ACA's continued vitality.