Share

Trump administration seeks pause in Obamacare court case because of shutdown

CLOSE

President Donald Trump arrived on Capitol Hill claiming he has “tremendous” and “unwavering” support as he headed into a meeting with Republican senators uneasy with the government shutdown over his border wall. (Jan. 9)
AP

WASHINGTON – The Trump administration wants to put on hold Democrats’ attempt to defend Obamacare until the partial government shutdown ends.

In a filing Wednesday, the Justice Department said it wants to challenge House Democrats’ attempt to get involved in the litigation over the Affordable Care Act. But lawyers can’t meet the deadline to do so because of the federal funding impasse. 

Instead, the department asked the 5th Circuit Court of Appeals to pause the case.

“The Department of Justice does not know when funding will be restored by Congress,” attorney Martin Totaro wrote. 

Trump has said the shutdown could last for “months or even years.”

Democrats oppose the administration’s move to halt their appeal. 

“First they refuse to fully defend the #ACA, now they’re trying to stay our ACA case,” tweeted California Attorney General Xavier Bacerra who is leading the appeal.

The constitutionality of the Affordable Care Act is being challenged by Republican attorneys general who argue it became invalid after the GOP-controlled Congress ended the law’s penalty for people who don’t have insurance.

U.S. District Court Judge Reed O’Connor in the Northern District of Texas agreed with the attorneys general last month. 

The law remains intact during the appeals process.

Democratic attorneys general have challenged the decision. House Democrats want to join that appeal. Objections to that move are supposed to be filed by Jan. 17, although the court Tuesday agreed to delay a briefing on the issue.

The Justice Department is requesting pauses not just on this issue, but in cases great and small throughout the country because the arm of the department that would normally show up in court to handle civil cases is out of money. Many judges have agreed to put cases on hold, and a few have insisted they go forward anyway.

For example, a judge paused a lawsuit brought by consumer advocates to stop the Trump administration from expanding the availability of short-term insurance plans with fewer coverage benefits. 

Litigation over whether to put a citizenship question on the 2020 census is going ahead in multiple districts.

But another judge Wednesday denied the government’s request to pause a case involving a challenge to the appointment of Acting Attorney General Matthew Whitaker.

In the Obamacare lawsuit, the Trump administration last year said it could not defend all of the law, including its popular protections for people with pre-existing conditions. That decision upended a longstanding legal and democratic norm that the executive branch will uphold existing laws.

House Democrats say they’re getting involved on behalf of the millions of Americans with health issues who would have trouble getting insurance without the ACA’s protections.

“If you support coverage for pre-existing conditions, then you will support this measure,” Rep. Jim McGovern, D-Mass., said Wednesday during floor debate on whether to affirm the House’s intervention.

Rep. Tom Cole, R-Okla., called intervention a waste of taxpayer dollars “to defend the indefensible.”

If the district judge’s ruling that the law is unconstitutional holds, the consequences would be far reaching. Besides eliminating protections for people with health conditions, such a ruling also would eliminate the law’s expansion of Medicaid, enhanced drug benefit for seniors, bans on limits on insurance coverage, and the ability of young adults to stay on their parents’ health plans, for example.

Post to Facebook

Posted!

A link has been posted to your Facebook feed.

  • Federal Aviation Administration employee Michael Jessie, who is currently working without pay as an aviation safety inspector for New York international field office overseeing foreign air carriers, holds a sign while attending a news conference at Newark Liberty International Airport, Tuesday, Jan. 8, 2019, in Newark, N.J. U.S. Sens. Cory Booker and Bob Menendez called a news conference at the airport to address the partial government shutdown, which is keeping some airport employees working without pay. (AP Photo/Julio Cortez) ORG XMIT: NJJC1011 of 28
  • Jenn Hallam demonstrated against the partial government shutdown on Independence Mall in Philadelphia, Tuesday, Jan. 8, 2019. (AP Photo/Matt Rourke) ORG XMIT: PX2042 of 28
  • epa07270355 Tourist on bikes stop at the entrance to Fort Point National Historic Site, a masonry seacoast fortification located on the southern side of the Golden Gate Bride, a popular tourist site is closed in San Francisco, California, USA, 08 January 2019. A partial shutdown of the US federal government continues since Congress and Trump failed to strike a deal before a 22 December 2018 funding deadline due to differences regarding border security. This shutdown, which has become the second-longest in US history, has affected about 800,000 federal workers. About 380,000 federal workers have been furloughed and an additional 420,000 have been working without knowing when they will next be paid. The National Park Service has said it will take funds from entrance fees to pay for cleaning up overflowing trash, patrolling of parks and other services.  EPA-EFE/JOHN G. MABANGLO ORG XMIT: JGM013 of 28
  • PHILADELPHIA, PA - JANUARY 08:  David Fitzpatrick, 64, a Park Ranger, holds an American flag and a placard stating You're fired with Smokey the Bear, after a protest rally with furloughed federal workers and area elected officials in front of Independence Hall on January 8, 2019 in Philadelphia, Pennsylvania.  The government shutdown, now lasting 18 days, marks the second longest United States in history, affecting about 800,000 federal employees.  (Photo by Mark Makela/Getty Images) ORG XMIT: 775278689 ORIG FILE ID: 10793796684 of 28
  • PHILADELPHIA, PA - JANUARY 08:  Tourists photograph the Liberty Bell, unable to go inside due to a lapse in federal appropriations on January 8, 2019 in Philadelphia, Pennsylvania.  Furloughed federal workers and area elected officials held a protest rally beside it on Independence Mall.  The government shutdown, now lasting 18 days, marks the second longest United States in history, affecting about 800,000 federal employees.  (Photo by Mark Makela/Getty Images) ORG XMIT: 775278689 ORIG FILE ID: 10793795685 of 28
  • A disappointed young visitor, Asa Hazelwood, 3, pauses at the closed gates to the Smithsonian National Zoo in Washington, DC on Jan. 2, 2019. Asa's mother was unaware of the zoo's closure. The Smithsonian museums and the National Zoo are now closed to visitors during a partial shutdown as Congress and President Trump are at an impasse over funding of Trump's proposed southern border wall.6 of 28
  • Emma James, right, and co-worker Vincent Cuenca demonstrate outside the Federal Center on Goodfellow Boulevard, Jan. 4, 2019 in St. Louis.  James is a processor in the multifamily housing division. Cuenta processes payments to FEMA contractors.7 of 28
  • A Transportation Security Administration officer works at a checkpoint at Miami International Airport, Jan. 6, 2019, in Miami. The TSA acknowledged an increase in the number of its employees calling off work during the partial government shutdown. 8 of 28
  • Brandon Torres (center), the Branch Chief of Emergency Services at Grand Canyon National Park, directs guests in the park on Jan. 4, 2019. The park was staffed at minimum capacity due to the government shutdown but retained much of its services due to an executive order issued by Arizona Governor Doug Ducey to run the park with state funds in the event of a shutdown. 9 of 28
  • New brewing equipment, rear, sits idle in a warehouse used by the Alementary Brewing Co. in Hackensack, N.J., Jan. 7, 2019. The owners recently invested in one million dollars worth of new equipment and a new 13,000 sq ft warehouse which would increase their capacity five times, but due to the government shutdown, they have been unable to get the required licenses from the Alcohol and Tobacco Tax and Trade Bureau.10 of 28
  • A guard enters the closed National Archives building in Washington, DC on Dec. 22, 2018. A partial US government shutdown began at midnight, Dec. 22, when a funding agreement between Congress and President Trump could not be reached.11 of 28
  • Barricades block a closed campground at Joshua Tree National Park on Jan. 4, 2019 in Joshua Tree National Park, Calif. Campgrounds and some roads have been closed at the park due to safety concerns as the park is drastically understaffed during the partial government shutdown.12 of 28
  • Volunteers Alexandra (R) and Ruth Degen walk after cleaning a restroom at Joshua Tree National Park on Jan. 4, 2019 in Joshua Tree National Park, California. Volunteers with 'Friends of Joshua Tree National Park' have been cleaning bathrooms and trash at the park as the park is drastically understaffed during the partial government shutdown.13 of 28
  • Kunyanatt Chalothorn from Thailand takes a selfie with a closure sign at the entrance to the Smithsonian American Indian Museum in Washington, DC on Jan. 2, 2019.14 of 28
  • People watch as the Statue of Liberty and Ellis Island ferry transports passengers on Jan. 5, 2019, in New York, as the government shutdown enters its third week. New York state funds are being used to keep the attractions open during the shutdown which has affected National Parks.15 of 28
  • Nora Brooks a furloughed customer service representative for the Internal Revenue Service poses for a photograph at her home in Philadelphia, Jan. 3, 2019.   Brooks has been furloughed, worrying about whether she will need to seek a second job. The agency requires pre-approval to avoid conflicts of interest, but there's no one in the office to sign off. 16 of 28
  • A donation box sits on the counter as Dany Garcia speaks with visitors at the Ernest F. Coe Visitor Center in Everglades National Park, Jan. 4, 2019, in Homestead, Fla. Garcia is being paid by the Florida National Parks Association to work in the center during the partial government shutdown. As the shutdown drags on, private organizations, local businesses, volunteers and state governments are putting up the money and manpower to keep national parks across the U.S. open, safe and clean for visitors. 17 of 28
  • Federal contractor Chris Erickson paints his bathroom, Jan., 4, 2019, in North Salt Lake, Utah. Erickson says he'll run out of vacation days if the shutdown continues. The father of three from Salt Lake City will then crack into his savings, and he'll likely postpone a 14th wedding anniversary trip with his wife to a cabin. Erickson said he likely won't get the chance for reimbursement for the lost days because he's a contractor.18 of 28
  • Workmen from the commercial cleanup company 1-800-GOT-JUNK clean up trash on The Ellipse, south of the White House, in Washington, DC on Jan. 4, 2019. The company donated resources to clean up the area.19 of 28
  • In this Nov. 21, 2018, file photo, Justin Roth holds a handful of soybeans at the Brooklyn Elevator in Brooklyn, Iowa. The U.S. Department of Agriculture says it must delay the release of key crop reports due to the partial government shutdown. The announcement on Jan. 4, 2019 left investors and farmers without vital information during an already tumultuous time for agricultural markets. The USDA planned to release the reports Jan. 11 but said that even if the shutdown ended immediately, the agency wouldn't have time to release the reports as scheduled. 20 of 28
  • Visitors to Great Smoky Mountain National Park drive through the park on Jan. 5, 2019.  21 of 28
  • Correctional Officer Joseph Pellicano who is employed at United States Penitentiary at Canaan has been on staff for 12 and half years and will be working without pay until the government shutdown ends in Jessup, Pa., on Jan. 4, 2019.22 of 28
  • Two surfers walk past an open garbage bin and piles of trash at Ocean Beach in San Francisco, Jan. 3, 2019.23 of 28
  • Rebecca Maclean, a housing program specialist for the U.S. Department of Housing and Urban Development in Pittsburgh, sits outside her home in Pittsburgh, Jan. 3, 2019. Maclean, 41, has been on furlough since Dec. 21.  Her family's financial outlook isn't dire yet since her husband, Dan Thompson, owns a knife-making business and works as an elected constable. But the couple recently sat down to prioritize which bills must be paid on time and which can be paid late without dinging their credit history.24 of 28
  • Visitors walk past the Wall of Names at the Flight 93 National Memorial near Shanksville, Pa. on Jan. 2, 2019. Signs were posted on all doors stating that the facilities were closed because of the government shutdown, but that the grounds are open from sunrise to sunset.25 of 28
  • Trash lays on the grounds of the National Mall during the partial shutdown of the U.S. government on Jan. 2, 2019.26 of 28
  • Mike Gayzagian, a 49-year-old Transportation Security Administration officer at Boston's Logan International Airport, speaks with a reporter from The Associated Press at his home in Watertown, Mass on Jan. 3, 2019. Gayzagian, who has worked for the TSA more than a decade, got his last pre-shutdown paycheck last week, and he continues to report to work, as all TSA officers have since the government closed.  The 49-year-old said worrying about finances has made it difficult to concentrate on the work of keeping airports safe.27 of 28
  • A stop sign is seen near the White House during a government shutdown in Washington on Dec. 27, 2018.28 of 28

 

 

Article source: http://rssfeeds.usatoday.com/~/591362238/0/usatodaycomwashington-topstories~Trump-administration-seeks-pause-in-Obamacare-court-case-because-of-shutdown/

Loading...

Best Wordpress Plugin development company in India     Best Web development company in India