"The Department of Justice has determined that the district court's comprehensive opinion came to the correct conclusion and will support it on appeal", Justice Department spokeswoman Kerri Kupec said in a statement. A group of red state attorneys general follow up in court by arguing that, because the law was created to function as a seamless whole, eliminating one major component requires the elimination of the entire rest of the law. It's a dramatic shift from what was promised in the lead-up to the midterm elections, when Trump and the administration repeatedly pledged to protect people with pre-existing medical conditions that make it hard or overwhelmingly expensive to get adequate healthcare coverage.
Trump swept into office promising to "repeal and replace" the Obama health law, but was unable to do so, even with a Congress fully under Republican control.
In a letter Monday night, the administration said "it is not urging that any portion of the district court's judgment be reversed".
But in a letter filed with the 5th U.S. Circuit Court of Appeals at New Orleans, DOJ lawyers said the appeals court should affirm a decision striking down the entire law by U.S. District Judge Reed O'Connor of Fort Worth, Texas.
It's a major development that is nearly certain to have significant political consequences, even if the legal arguments behind the case remain shaky.
In Washington, a capital city consumed with the political storm over special counsel Robert Mueller's Russian Federation report, Democrats are trying to show they also care about policy by falling back on an issue that worked well for them in last year's midterm elections.
Though expected to pass the Democrat-controlled House, the bill will immediately fail in the Republican-controlled Senate.
The Affordable Care Act has extended coverage to about 20 million Americans through private insurance marketplaces and an expansion of Medicaid.
Congressman Joe Kennedy III, D-Newtown, meanwhile, took to Twitter to highlight how several Americans could be impacted if the Trump administration succeeds in "gutting" protections for pre-existing conditions.
U.S. Sen. Elizabeth Warren, a Massachusetts Democrat and 2020 presidential candidate, stressed that lawmakers "will not let the Trump administration rip health care away from millions of Americans".
Democratic National Committee Tom Perez said Tuesday the filing moves Republicans "one step closer to throwing the financial security and peace of mind of millions - not to mention one of the largest sectors of our economy - into a tailspin".
Senate Democratic Leader Chuck Schumer called the move a 'slap in the face to American families'.
"The act is now part of the plumbing of the health care system", Bagley wrote. United States, calling for the entire ACA to be struck down because Congress eliminated the healthcare law's individual insurance mandate penalty.
Jonathan Adler, a professor at Case Western Reserve School of Law, writing on Reason.com, said the latest DOJ position was "astounding". Therefore, he argued, "the individual mandate is unconstitutional" and invalidates the rest of the ACA. It's rare for the Justice Department to decline to defend a federal law, but President Donald Trump has long unsuccessfully sought to repeal the 2010 health care statute. The case will continue to wind through the courts and will likely end up before the Supreme Court.