Biden administration informs SCOTUS that it has ‘reconsidered,’ reversed Trump position on Obamacare

Under the Trump administration, the White House sided with Texas in a Supreme Court case challenging the constitutionality of the Affordable Care Act (ACA), or Obamacare, as part of a lawsuit expected to be decided later this year.

Although oral arguments have already been heard, President Joe Biden’s administration has nevertheless notified the high court that the federal government’s position on the matter has changed, the Washington Examiner reports.

New administration, new position

Of course, given the fact that Biden served as vice president in the Obama administration for which the health care law is unofficially named, it is hardly surprising that Biden would express support of the controversial program.

As it relates to this specific case, however, it is unclear what sort of impact the executive branch’s about-face might have on the court’s final ruling. It is unlikely that there will be any new briefings or hearings, but the official change in the White House’s position will give justices something to consider along with the other evidence before them.

Deputy Solicitor General Edwin Kneedler summarized the new administration’s position in a letter delivered on Wednesday to the Supreme Court clerk.

In it, he mentioned that the Biden White House had “reconsidered” the facts of the case, coming to a different conclusion than its predecessor.

Specifically, the prior administration argued that the law’s individual mandate, or a tax penalty for the uninsured, was “inseverable” from the rest of the ACA after Congress reduced the penalty to zero in 2017, thus determining that the rest of the law was both unenforceable and unconstitutional.

The DOJ “has reconsidered”

“Following the change in Administration, the Department of Justice has reconsidered the government’s position in these cases,” Kneedler wrote. “The purpose of this letter is to notify the Court that the United States no longer adheres to the conclusions in the previously filed brief of the federal respondents.”

In support of the argument that the ACA is constitutional, the Biden administration noted that Congress merely reduced the individual mandate penalty to zero instead of stripping it from the law entirely.

“In the view of the United States, Congress’s decision to reduce the payment amount to zero therefore did not convert Section 5000A from a provision affording a constitutional choice into an unconstitutional mandate to maintain insurance,” Kneedler explained. “Rather than imposing a new burden on covered individuals, the 2017 amendment preserved the choice between lawful options and simply eliminated any financial or negative legal consequence from choosing not to enroll in health coverage.”

Biden signed an executive order last month that made it the federal government’s policy to protect and strengthen the ACA, revoking orders signed by Trump that weakened it.

Concurrent with that order was a “fact sheet” explaining that the president’s action had authorized a special enrollment period for the purchase of ACA-approved health insurance plans as well as a review of procedures at the agency level to ensure the law was not being retroactively undermined by the Trump administration.

Share on facebook
Share To Facebook

Welcome to our comments section. We want to hear from you!

Any comments with profanity, advocacy of violence, harassment, personally identifiable information or other violations will be removed. If you feel your comment has been removed in error please contact us!

16 Responses

  1. You Might Like
  2. It’s basically the same thing the clinton sow was going screw us with. You know when the sow thought she was allowed to make her dictatorial laws as 1st sow. We need to eradicate this scum NOW! Keep me posted?

  3. Impeach Obiden/Harris. He doesn’t
    Care about you, your family or if you
    live or die. Hurry and destroy our country, that’s what he and the other sickos are out to do. CRIMINAL.

  4. As always, the Democrats either make promises NOT KEPT or that cost through the nose. Reagan and Trump kept every promise and had the Free Loaders paid attention, even with this Corona Virus problem, we would be much better off.

    We have been called a nation of sheep and the proof is sitting in both the White House and the Congress. They put the carrot out in front of the cart and the sheep follow.
    Time to THINK America and vote term limits so these millionaires won’t just laugh at us as they eat steaks while we’re waiting our turn in the soup kitchen.

  5. What Obama is whispering in Joe Biden’s ear is getting screwed up before it comes out his mouth this shell president is not working send him back to the basement no Obama third term please

  6. I like these comments. It’s weird how so many dumb people try and tell others what to do. Keep your dumb ideas away from me and my family. Biden and his Dingbats are clueless. And they are going to,tell others what to do. Now CDC says teachers do not need to be vaccinated. I and others have always done well with little or no guidance. Common sense. These people act like everyone is dumb. They are so stupid that I would rather have a cartoon character run the government and country.

    1. The first person sick with Covid in our county was a School teacher! Here in southern Arizona- she was visited by someone from Virginia who brought Covid here!! Give the teachers the shots! If they live through it they have a job- Open the Schools!!

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest Posts