The Trump administration has asked the United States Supreme Court to overturn the Obamacare law that added millions to the health safety net, but has been at the center of the political controversy.
Government advocate Noel Francisco argued in a presentation Thursday night that the Affordable Care Act (ACA), one of Barack Obama’s distinctive accomplishments in office, became invalid after he the previous Republican-led Congress removed parts of it.
“Nothing that the 2017 Congress did shows that it had intended that the rest of the ACA continue to operate in the absence of these three comprehensive provisions,” said Francisco, who heads the attorney general’s office for the justice department.
“No further analysis is necessary; once the individual mandate and guaranteed issuance and community rating provisions are invalidated, the rest of the ACA cannot survive. “
The legal push will be a major political battleground in the presidential election, where Trump is seeking a second term against the challenge of Democratic candidate Joe Biden in a November vote.
“President Trump and the Republican campaign to remove the protections and benefits of the Affordable Care Act in the midst of the coronavirus crisis is an act of unfathomable cruelty,” said Speaker of the House of Representatives , Nancy Pelosi.
“If President Trump gets away with it, 130 million Americans with pre-existing conditions will lose the ACA’s life-saving protections and 23 million Americans will lose their health coverage entirely. There is no legal justification or moral excuse for the Trump Administration’s disastrous efforts to take away health care from Americans. “
The United States is the country most affected by Covid-19, with more than 124,000 deaths and 2.4 million infections. The ACA has banned health insurers from denying coverage to Americans with pre-existing health conditions.
“It is cruel, it is ruthless, it is cruel,” Biden said in a campaign speech Thursday about the measure to gut Obamacare.
Trump has criticized health care costs and coverage under Obamacare and has been promising since his 2016 campaign to replace him.
Republicans see the law as excessive government intrusion into the healthcare market. They argue that the system is broken anyway and that they will help more people get coverage by repealing the law while working to minimize disruptions for those who depend on it.
“Obamacare has been an illegal failure and further illustrates the need to focus on patient care,” White House spokesman Judd Deere said, according to the Washington Post after Thursday’s presentation.
“The American people deserve that Congress work bipartisan with the president to provide quality, affordable care.”
The Trump administration’s presentation was made in support of a challenge to the ACA by a coalition of Republican governors.
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