The Justice Department now believes the entire Affordable Care Act is unconstitutional, a reversal from its position this past summer when the government said changes to the individual mandate were unconstitutional but severable from the whole law.
A Justice Department filing Monday night said the government believes a district court judge’s ruling that the entire Obama-era health care law is unconstitutional should be affirmed. Main Justice has a long tradition of defending the constitutionality of federal laws, and, while there are exceptions, it’s rare for the department to refuse to defend federal statutes.
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