Bipartisan pair of senators urges Barr to defend ObamaCare in court

Bipartisan pair of senators urges Barr to defend ObamaCare in court
© Greg Nash

Sens. Susan CollinsSusan Margaret CollinsFunding for victims of 'Havana syndrome' to be included in Pentagon bill  The Hill's Morning Report - Presented by Uber - Biden makes his pitch as tax questions mount Emanuel defends handling of Chicago police shooting amid opposition to nomination MORE (R-Maine) and Joe ManchinJoe ManchinBiden to meet House Dems before Europe trip: report 21 House Democrats call for removing IRS bank reporting proposal from spending bill Democrats try to back Manchin off killing paid family leave proposal MORE (D-W.Va.) are urging the Trump administration to reconsider its position that a federal court should strike down the entire Affordable Care Act.

In a letter to Attorney General William BarrBill BarrWSJ publishes letter from Trump continuing to allege voter fraud in PA Meadows hires former deputy AG to represent him in Jan. 6 probe: report Why it's time for conservatives to accept the 2020 election results and move on MORE, the senators said the Justice Department has a responsibility to uphold the health care law.

“The ACA is quite simply the law of the land, and it is the Administration’s and your Department’s duty to defend it,” Collins and Manchin wrote. 

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President TrumpDonald TrumpOvernight Defense & National Security — Presented by Boeing — Milley warns of 'Sputnik moment' for China WSJ publishes letter from Trump continuing to allege voter fraud in PA Oath Keeper who was at Capitol on Jan. 6 runs for New Jersey State Assembly MORE has been stepping up his attacks on the law in his speeches and in court. In a recent speech, he praised the repeal of the individual mandate before adding, “now we’re going for the rest.”

The administration last week filed its official legal argument in a lawsuit brought by a coalition of GOP-led states calling for overturning the law. The case is currently making its way through the 5th Circuit Court of Appeals, but legal experts from both parties don’t expect it to succeed.

Collins and Manchin said they think the judge’s initial decision to strike down the law is “legally flawed.”

They senators wrote that Congress clearly did not intend to eliminate the whole ObamaCare law when they eliminated the financial penalty for the individual mandate, and said they were concerned about the impact striking down the law would have on the 133 million Americans with pre-existing conditions, who could be at risk of losing health coverage.

“Congress can work together to fix legislatively the parts of the law that aren’t working, but we must not let this flawed court decision stand and devastate millions of seniors, young adults, women, children and working families,” Collins and Manchin wrote.

Yet with a divided Congress and the highly polarizing nature of the law, most observers expect little bipartisan action on it this year.