President Donald Trump’s administration asked the Supreme Court Thursday to strike down Obamacare, arguing that it became unconstitutional after the Republicans successfully repealed the individual mandate part of the law.
The filing was done in conjunction with a coalition of 20 states led by Texas Attorney General Ken Paxton, which has been in the works since February 2018.
“Without the unlawful mandate, the rest of the law cannot stand,” Paxton said in the newly filed motion. “Obamacare has failed, and the sooner it is invalidated, the sooner each state can decide what type of health care system will best provide for those with preexisting conditions, which is the way the Founders intended.”
The individual mandate was struck down by the court in December, which prompted the new filing.
U.S. Solicitor General Noel J. Francisco said in the new brief that in 2012, “The Court upheld the mandate only by adopting a saving construction of 26 U.S.C. 5000A, characterizing the mandate as the predicate to a tax. But Congress has now eliminated the tax, removing the basis for that construction.”
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