Texas Attorney General Ken Paxton, leading the latest attempt to kill Obamacare in the courts, said Tuesday the Trump administration should “let us win” instead of defending the program, saying a victory could be the spur that Congress needs to replace the 2010 law after several failures.
In a new lawsuit, 20 Republican-led states say Congress‘ decision to revoke the financial pain tied to Obamacare’s individual mandate makes the rest of the 2010 health law unconstitutional as well, after Chief Justice John G. Roberts opted to “compress” the tax penalty with the legal requirement to hold health insurance.
“The U.S. Supreme Court already admitted that an individual mandate without a tax penalty is unconstitutional,” Paxton said in a statement. “With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all,” he said.
The U.S. Justice Department did not immediately respond to a request for comment on whether the Trump administration would defend the law in court, Reuters reports.
It’s the latest in a long line of suits against President Obama’s signature health law — although this time, it’s the Trump administration who’s being sued and must decide whether to defend the program, which remains on the books after GOP’s repeal-and-replace efforts failed.
“We’re hopeful that [Mr. Trump] doesn’t pass judgement,” Mr. Paxton said, adding he only defends Texas statutes he deems constitutional. “Certainly, the president has been very critical of Obamacare.”
The Republican attorneys general said they didn’t coordinate with the White House or even give them a heads up until Monday, when officials at a D.C. meet up asked them if there is anything else on their minds.
“We informed them, ‘Well in about an hour and half we’re going to be suing you,’” Wisconsin Attorney General Brad
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