House panel to examine Justice Dept. decision not to defend ACA

U.S. Rep. Jerrold Nadler, D-N.Y., told the Justice Department that the House Judiciary Committee expects to look at the department's decision not to defend the ACA during the next congressional session.

This summer, the department announced it would not defend the healthcare law in a lawsuit brought by 20 Republican-led states that argue that the ACA's individual mandate is unconstitutional.

Mr. Nadler, in a letter to acting Attorney General Matthew Whitaker, said he is concerned the Trump administration has not been willing to engage with the judiciary committee on the matter, which could affect health insurance for millions of Americans with pre-existing conditions. 

"In the next Congress, this committee expects to examine the department's refusal to defend a duly enacted federal statute, the abrupt resignation of veteran department employees and an apparent determination by this administration to undermine affordable healthcare coverage for millions of Americans," he wrote.

Mr. Nadler asked the department to provide a complete response to the letter he sent in June asking why it refused to defend major provisions of the ACA. He also asked the department to respond to a June letter from ranking judiciary committee members regarding actions of the department, HHS and CMS.

He seeks the response by Dec. 31.


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