3/28/2019

JUSTICE DEPARTMENT/OBAMACARE/TRUMP AS PRESIDENT: “In an unexpected move on Monday [3-25-19] night, the Justice Department notified the Fifth Circuit US Court of Appeals that it is supporting a complete invalidation of the Affordable Care Act (Obamacare). It now believes not only that three provisions of that statute are unconstitutional, but that, as a result, the entire law, including dozens of provisions having nothing to do with the offending sections, should be thrown out as well. What is especially galling about the move is that it was apparently ordered by the White House over the objections of Attorney General William Barr, Health and Human Services Secretary Alex Azar, and White House Counsel Pat Cipollone. If Barr cares at all about the long-term institutional credibility of the Justice Department, he should resign in protest. Throughout American history, the Justice Department has assumed an ethical and legal responsibility to defend the constitutionality of federal statutes so long as reasonable grounds exist for doing so. Even if the current President or attorney general finds a federal law distasteful or unwise, the government is still obliged to defend the validity of the law in court.”

Stephen I. Vladeck, “Why William Barr should resign in protest over Trump’s Obamacare move,” CNN Politics, CNN.com, March 28, 8:35 am