Supreme Court should uphold ACA, Biden's DOJ says in changed stance

Morgan Haefner - Print  | 

The Biden administration asked the Supreme Court to uphold the ACA on Feb. 10, switching the federal government's stance in a case on whether the law should be invalidated.

Under the Trump administration, the federal government held the position that the ACA's individual mandate, which was eliminated in 2017, is unconstitutional and inseverable from the rest of the law. Therefore, the ACA shouldn't be upheld. 

The Biden administration's Department of Justice switched the federal government's stance to argue the mandate is constitutional and is severable from the overall law, meaning the ACA should be upheld.

The new position doesn't mean the lawsuit, which was brought by Texas and other Republican-led states, won't move forward. However, the switch could change how the justices review the case.

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