DOJ Dubs Obamacare’s Individual Mandate Unconstitutional

Kirsters Baish| In Thursday, the Department of Justice claimed in court that important parts of Obamacare, which include the individual mandate, are simply unconstitutional. In recent news, the Justice Department has decided to challenge the 2012 Supreme Court ruling that kept the individual mandate of Obamacare in play.

It was just last year that Congress repealed the individual mandate. Since then, the Justice Department has claimed that the mandate is unconstitutional because it is technically no longer considered to be a tax.

The left is definitely not going to be happy about the fact that the Department of Justice is making this argument. They will claim that the DOJ is meant to defend laws that have already been made, not make new ones. These are the same lefties who fell silent when former President Barack Obama told then Attorney General Eric Holder and his Justice Department to stop standing up for DOMA (Defense of Marriage Act.)

The Hill reports that the Justice Department made the argument this Thursday in court that important pieces of Obamacare are now considered to be unconstitutional. The DOJ seemed to be siding with a recent conservative challenge to this specific law. The lawsuit in reference was filed by Texas and 19 other red states in February. It argued that Obamacare should be overturned because it is unconstitutional.

The Justice Department has claimed that the protections against individuals with pre-existing conditions who are now being denied coverage or being charged more money under Obamacare should be gotten rid of. They claim that the individual mandate which forces people to pay a penalty if they do not have insurance is unconstitutional.

The Hill writes:

The conservative states and DOJ point to the Supreme Court’s 2012 ruling that upheld ObamaCare’s individual mandate under Congress’s taxing power. Now that Congress has repealed the mandate penalty as part of last year’s tax bill – while technically keeping the mandate itself in place – they argue the mandate is no longer a tax and is now invalid.

They also argue that the key pre-existing condition protections cannot be separated from the mandate and should be invalidated. The DOJ argues the remainder of the law can stay.

This argument is not likely to do very well, according to legal experts. They feel that this is partly because Congress had actually alluded last year when they moved to repeal said tax penalty that the other parts of Obamacare would be able to remain, minus the mandate.

As it sits currently, the case is going before a Texas federal district court judge, Reed O’Connor. O’Connor was appointed by former President George W. Bush.

It’s no secret at this point that Obamacare is a total disaster. It’s falling apart right before our very eyes. It doesn’t take a genius to see that it’s unconstitutional. As the Gateway Pundit puts it, Obamacare was just “one giant transfer of wealth. Americans are furious because their premiums and deductibles have skyrocketed while doctor choice and care has dwindled.”