Trump administration asks Supreme Court to invalidate Obamacare

In a late-night court filing, the Trump administration urged the Supreme Court to overturn the Affordable Care Act in a case that’s set to be heard around the time of the November election.

The brief argues that because the law’s requirement to have health insurance was upheld in court as a tax in 2012 – and Congress has since repealed the financial penalty for violating that requirement in 2017 – it is no longer a tax and therefore no longer constitutional.

“The entire ACA thus must fall with the individual mandate, though the scope of relief entered in this case should be limited to provisions shown to injure the plaintiffs,” Solicitor General Noel Francisco wrote in the filing.

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