Justice Department asks judge to undo Obamacare

WASHINGTON—On Monday, the Justice Department sided with a federal judge’s ruling that the Affordable Care Act, former President Barack Obama’s signature healthcare law, is unconstitutional and should be struck down. The department filed a determination with the 5th U.S. Circuit Court of Appeals saying that “the district court’s judgment should be affirmed.” Last December, U.S. District Judge Reed O’Connor sided with a coalition of Republican states in Texas v. United States, ruling that the Affordable Care Act should be overturned. O’Connor said Congress removed the constitutional basis for the law when it repealed the individual health coverage mandate. In 2012, the Supreme Court found the healthcare mandate constitutional because it levied the opt-out fine as a tax.

Last June, the Justice Department said it would not defend the individual mandate but added that some parts of the Affordable Care Act should remain in place. Monday’s filing reverses that position. The law remains in effect while the court battle continues. House Democrats said they plan to introduce legislation on Wednesday to protect Obamacare from being dismantled.