Obamacare Filing Breaks All Kinds of Justice Department Norms

April 1, 2019, 9:13 AM UTC

A two-sentence letter the Trump administration sent to a federal judge saying Obamacare is unconstitutional is a breach of several departmental and legal norms, former Justice Department attorneys and legal scholars say.

The position change, in a two-sentence memo, came months after a federal judge in Texas ruled the law was unconstitutional in Texas v. United States. The judge reasoned in December that the entire law was invalid because Congress dropped its penalty for failing to have health insurance to zero.

The March 25 DOJ letter agreeing with that logic is a sizable lapse in the norms that ...

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