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Trump Administration Refuses to Defend ACA in Court, Potentially Jeopardizing Health Care for Millions

June 8, 2018

For 18 months, the Trump administration has routinely and aggressively threatened the Affordable Care Act and the tens of millions of Americans for whom it provides health care coverage, but their attacks had remained largely in the province of Executive Orders weakening regulations or demands to Congress. That all changed on Thursday night when the Trump administration said that it would not defend the Affordable Care Act in court in the case of a lawsuit filed by 20 Republican-led states, Texas vs. United States, claiming that the health care law is unconstitutional.

In a letter penned by Attorney General Jeff Sessions, the administration declares that it will not defend the existing law of the land contained within the ACA and will instead side with the plaintiffs in the contention that it is unconstitutional to require most Americans to have health insurance and that, by extension, any mandated protections in the ACA preventing insurance companies from discriminating against people living with pre-existing conditions are no longer valid.

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