ObamaCare could soon be history, thanks to a lawsuit filed by 20 states that claim the Affordable Care Act is no longer constitutional. US Attorney General Jeff Sessions is so sure the states are right that he’s folding his cards. In a rare move, the Justice Department won’t defend a federal law.
The lawsuit argues that last December, when Congress repealed the penalty for not having ObamaCare insurance, it removed the only constitutional grounds for ObamaCare.
Remember that in 2012, the first time the constitutionality of the health law was challenged, Chief Justice John Roberts slyly called the penalty for not having insurance a “tax” and justified a 5-4 ruling in favor of the law by arguing that the US Constitution gives the federal government the power to tax.
Voila, the tax is gone, and with it the flimsy constitutional underpinning of the ObamaCare scheme.
President Trump was on the mark, declaring that “ObamaCare is over” as he signed the tax-reform bill that included repeal of the health care “tax” penalty. At his State of the Union Address, he stated again that “we essentially repealed ObamaCare because we got rid of the individual mandate.”
The media and Democrats ridiculed these statements as typical Trump hyperbole. But Trump’s insight is the central argument being made by the 20 states: Texas and Wisconsin are joined in their lawsuit by Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah and West Virginia.