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US Rep. Richard Neal, House Democrats call DOJ's refusal to defend Obamacare provisions 'stunning attack on the rule of law'

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U.S. Rep. Richard Neal, D-Springfield, and other House Democrats condemned the Trump administration Friday after the Justice Department announced it would not defend key provisions of the Affordable Care Act.

Neal, the ranking member of the Ways and Means Committee, joined U.S. Reps. Bobby Scott, D-Virginia, and Frank Pallone Jr., D-New Jersey, in calling the DOJ's decision "the latest - and potentially the most damaging - example of the coordinated effort by congressional Republicans and the Trump Administration to sabotage the Affordable Care Act."

They further cast the administration's brief, which was filed in federal court Thursday, as an "attack" on both the rule of law and the stability of the United States' health care system. 

The Democrats argued that DOJ's refusal to defend the controversial health care law could eliminate protections for millions of Americans with pre-existing conditions and "have profound consequences for patients, the health care system and the American economy."

"Our Constitution requires the executive branch to faithfully execute the laws passed by Congress. The brief filed by the Trump Administration yesterday represents a shocking break from precedent, and relies on legally dubious, partisan claims to argue against the constitutionality of the current law," they said in a joint statement. "If the Trump Administration is successful in arguing against the constitutionality of protecting patients' access to care, it will have immediate and disastrous effect on our health care system and the American people."

The Democrats further raised concerns that even if the Justice Department's arguments are unsuccessful, the administration's move could still "raise the cost of health care for most Americans, undermine the economy and weaken our democracy for years to come." 

The Trump administration, in a late-Thursday court filing, stated that it would no longer defend provisions of the health care law, known as Obamacare, that require people to have health insurance and guarantee access to health insurance regardless of any medical conditions, the Associated Press reported.

Texas and other GOP-led states have filed suit to strike down the entire law, with Congress recently repealing a provision that subjected those who failed to obtain health insurance to a fine, according to reports.

Massachusetts health care groups 'disappointed' in GOP tax plan's repeal of Obamacare coverage mandate

According to the AP, the administration said it agrees that the law's individual mandate is unconstitutional without the fine and that language protecting those with medical conditions from being denied coverage or charged higher premiums should also be struck down.

Attorney General Jeff Sessions, in a Thursday letter to House Speaker Paul Ryan, said while the administration has traditionally defended the constitutionality of such provisions,  he has decided "this is a rare care where the proper course is to forgo defense."

Congressional Republicans, who unsuccessfully sought to undo President Barack Obama's signature health care law throughout 2017, added language to the GOP tax bill that ended the controversial tax penalty for those who fail to obtain health care coverage.

Massachusetts lawmakers tout reported failure of Republicans' latest ACA repeal effort, pledge to continue fighting on health care

Scott and Pallone are the respective top Democrats on the Education and Workforce and Energy and Commerce Committees. 

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