Trump Administration Formally Asks Court to Strike Down Affordable Care Act

-Craig Idlebrook

In a legal brief attached to in a lawsuit before the Fifth Circuit Court of Appeals, the Trump Administration has formally asked that the U.S. Fifth Circuit Court of Appeals strike down the entirety of the Affordable Care Act (ACA), widely known as Obamacare.  

Here’s why the law matter for people with type 1 diabetes:

-The Affordable Care Act bars insurance companies from excluding people with preexisting conditions, like type 1 diabetes.

-It also blocks insurance companies from charging more for coverage for people with preexisting conditions – such as type 1 diabetes.

-Finally, the law allows states to opt to expand Medicaid coverage.

Here’s what you need to know about the lawsuit:

-This is an appeal to a lower court ruling in December 2018 that the ACA was unconstitutional.

-In 2012, the Supreme Court ruled that the law was constitutional because it represented a tax levied by the government. Those who opted not to have personal health insurance were required to pay a penalty on their taxes.

-In 2017, however, the sweeping tax overhaul signed into law by President Trump reduced that penalty to $0.  

-The argument being made by attorneys general in many conservative states is that since there is effectively no tax penalty, there is no constitutional reason for the ACA.

-The Trump Administration refused to defend the law, and asked the Court of Appeals to strike down the rule in its entirety.

-The issue might come down to congressional intent. While Congress did reduce the tax penalty to $0, it has stopped short of repealing the ACA, despite several recent legislative attempts.

This is a developing story, and we will provide updates as they become available.

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