Department of Justice says entire ACA should be thrown out

The U.S. Department of Justice has agreed with a Texas district court judge in releasing an opinion that the Affordable Care Act should be struck down. This is a reversal of the DOJ's earlier opinion in the district court in which the DOJ previously defended all of the ACA other than the individual mandate, including pre-existing condition provisions. The DOJ's opinion was issued as the Fifth Circuit Court of Appeals considers the constitutionality of the ACA, in Texas vs. United States. The DOJ supports the decision of the court of the Northern District of Texas invalidating the entirety of the Affordable Care Act, now that the individual mandate is gone. "Because the United States is not urging that any portion of the district court's judgment be reversed, the government intends to file a brief on the appellees' schedule," the DOJ said in a letter filed Monday evening with the Fifth Circuit, U.S. Court of Appeals.

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