While we were glued to the Barr shit show, DOJ filed a brief requesting takedown of the ACA

[Miles Archer]

THREAD TITLE EDITED to more accurately reflect what happened, based on info you'll see below in my reply. Trump didn't file it, and nothing is "gone." If the brief were acted upon, that's what's being sought, but nothing is "gone."

Slavitt is "Former head of Medicare, Medicaid & ACA for Obama. Founded @usofcare & @townhallvntrs to make health care work for everyone." He's not a random Twitter user, but the way he characterized the brief is misleading...probably unintentionally.

I removed Slavitt's tweet for that reason...see the info below.

[dalton99a]

1. Hang it around the neck of every Republican.

[Timmygoat]

2. Does he have the ability to do this?

Without a vote from the congress?

[at140]

8. Executive Orders don't need Congress approval

Pass legislation to make them illegal for all future presidents.

[rurallib]

9. I am guessing that 'brief' means a brief as part of the lawsuit

that is working its way through the courts so SCOTUS can declare it unconstitutional before the election next year.

Hope the poster will confirm that.

People need to know we need to be somewhat detailed here so as not to scare folks.

After looking at the tweet and responses I may be wrong - there really isn't and explanation.
He can't wipe out a law with an executive order - so I am at a loss.

[procon]

3. We're fucked.

This will have a disastrous effect on almost every person in this country. People will die. Trump will blame it all on Obama and the Dems.

What do we do now?

[dalton99a]

5. Trump is hell bent on killing millions of Americans.

And Republicans are helping him 100%

[SergeStorms]

22. Yeah, but...

they're usually poor Americans who don't usually vote, or they vote for Democrats. It's a win/win in GOP eyes.

[at140]

6. Win the White House in 2020

Those executive order s from Drumpf can only be stopped by defeating him in 2020.

[Qutzupalotl]

4. A brief does not have force of law.

Slavitt is right that we should be watching what Trump is doing, but it does not mean that those things he listed are already gone.

[Miles Archer]

13. True...please see below

It's the backstory for what Slavitt tweeted. The brief was filed, but nothing's gone.

[Eko]

7. No link to the brief

and no other news orgs reporting this, Ill wait for verification.

[Miles Archer]

11. US Justice Dept. Goes All In, Embracing Texas Judge's Obamacare Takedown

US Justice Dept. Goes All In, Embracing Texas Judge's Obamacare Takedown

https://www.law.com/nationallawjournal/2019/05/01/us-justice-dept-goes-all-in-embracing-texas-judges-obamacare-takedown/

The U.S. Justice Department on Wednesday urged ( https://drive.google.com/file/d/1NHairZxX0UcLWQvZfmd7J5FQxaPV1K0D/view ) a federal appeals court to strike down the entirety of the Affordable Care Act, arguing that the elimination of the key individual mandate provision renders the entire Obama-era law unconstitutional.

The government’s filing—in support of Texas and other Republican-led states challenging the law—was not unexpected. The Trump-era Justice Department had earlier announced its new intent to argue that the entire health care law should be declared void. The U.S. government’s brief fully supports a Texas federal trial judge who last year declared Obamacare unlawful.

Wednesday’s filing points to the U.S. Supreme Court’s ruling in National Federation of Independent Business v. Sebelius, which upheld the Affordable Care Act in 2012 on the basis that the individual mandate—which penalized those who did not buy health coverage—could be construed as an exercise of Congress’ taxing power.

While noting that Main Justice earlier had told the district court that the individual mandate was severable from the whole law, the brief said the government changed its mind “upon further consideration.” The only justices to reach severability in Sebelius—in a joint dissent—had said the provisions were highly interdependent and would not “function in a coherent way and as Congress would have intended” without the other provisions.

The government’s brief was filed by August Flentje, a veteran Justice Department appellate lawyer. Flentje, who made his appearance in the case earlier in the day, was identified as a special counsel in the DOJ’s civil division.

[Eko]

15. Title of the post is wrong then.

"Trump filed a brief that further dismantled the ACA." Dismantled as in past tense, it did not dismantle it, its a court brief that does nothing until the judge rules on it.

[Miles Archer]

16. I fixed it before you asked me to

I'm actually quite intelligent, once you get to know me.

[Eko]

17. Nice,

wasn't questioning your intelligence, just was surprised that I hadn't heard something about that yet as it would be huge.
Thanks,
Keeponing.
Eko

[Bernardo de La Paz]

20. I'm quite intelligent too, but I do NOT see Eko questioning your intelligence. . . . nt

[barbtries]

10. i don't know what this means in practical terms.

a brief? he filed this in a court?

[Miles Archer]

12. Please see my reply above... n/t

[barbtries]

14. so it's still in litigation right?

if these changes are made, people will die, children will die. hard to see republicans following through on this with the election next year, but who knows?

it's all so terribly discouraging.

[Miles Archer]

18. Apparently so.

I changed the subject line and deleted the tweet in favor of the information I shared from this link:

https://www.law.com/nationallawjournal/2019/05/01/us-justice-dept-goes-all-in-embracing-texas-judges-obamacare-takedown/?slreturn=20190401183919

It seems like the tweet was an over-reaction, and Trump did NOT file it himself, but the brief WAS filed and it's all explained at the link above. It's still something rotten that happened while we were all watching Barr.

[Panich52]

19. One of the votes Trump's lapdog Lindsey said he

had to take?

[yaesu]

21. unless tRump, barr & other criminals are removed I don't think ACA will survive much longer. nt

[Karadeniz]

23. I don't think a lot of GOP will be happy. This might turn some of them against the GOP.

Dems can raise a ruckus with this. For starts, they swore to protect and defend our laws. They're not. First the DoJ refused to defend the ACA in court against the lawsuit. Now they're submitting a brief to undermine. Not forgetting Trump's using funds appropriated to advertise for enrolment instead to hurt it. Reducing the enrolment period. Reducing counselors and opportunities to enrol. Trying to undercut enrolment by creating cheap, junk plans. The Trump admin. has broken the oath they all took.

[UniteFightBack]

25. Yeah the pukes running for re election cannot be happy about this. nt

[SunSeeker]

24. Scumbags.

[elleng]

26. Trump administration urges federal appeals court to strike down Affordable Care Act.

'The Trump administration urged a federal appeals court Wednesday to strike down the entire Affordable Care Act.

The court filing, while expected since late March, signaled a no-holds-barred effort by the Justice Department to wipe out a law that has extended health insurance to 20 million Americans.

In court papers filed with the U.S. Court of Appeals for the Fifth Circuit, the administration argued that Congress made the law untenable in 2017 by eliminating tax penalties for people who do not purchase insurance. The provision was part of the $1.5 trillion tax overhaul passed by Republicans in 2017.

The law was enacted in 2010 and upheld by the Supreme Court two years later under Congress' taxing power. The justices again upheld a major portion of the law in 2015.

U.S. District Judge Reed O’Connor declared the law unconstitutional last December, reasoning that without the tax penalty, the law's so-called individual mandate could not survive. O'Connor is a nominee of President George W. Bush. . .

"In the district court, the Department of Justice took the position that the remainder of the ACA was severable," the administration wrote Wednesday. "But upon further consideration and review of the district court’s opinion, it is the position of the United States that the balance of the ACA also is inseverable and must be struck down."

The same position was taken by a coalition of 18 states led by Texas, which filed the latest challenge.'>>>

https://www.usatoday.com/story/news/politics/2019/05/01/trump-administration-urges-appeals-court-kill-affordable-care-act/3645697002/

[superpatriotman]

27. Kicked

Keep this kicked because millions of lives are at risk while we chase the flashlight on the wall.

[MrsCoffee]

28. The flashlight on the wall?

The wall is made of treason.

Which criminal activities should we ignore? Our current situation demands some serious multitasking.

[superpatriotman]

29. Today it's Treason

Every whiff of criminality should be reported, investigated and followed through.

But tomorrow (or maybe today!) .45 will push a diplomat down the stairs, or some other foul thing and that’s all we will hear about for twenty four hours until the next obscenity.

Our culture is officially Gaslit. Chasing the shiny object.

[ooky]

30. Don't worry. Grassley reassured that poor sick woman it won't be overturned.

Maybe that's why all we are hearing about it on cable news is crickets.