Here's the brief. As expected. The Justice Department believes the crucial insurance reforms of the Affordable Care Act are unconstitutional and will not defend them. This is an enormous blow to the integrity of DOJ. https://www.justsecurity.org/wp-content/uploads/2018/06/ACA.Azar_.filing.pdf …
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The Justice Department doesn't think an injunction is immediately warranted. But on no uncertain terms, it argues that the federal courts should invalidate the crucial operative provisions of the ACA.pic.twitter.com/lOef4Sqg6l
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I am at a loss for words to explain how big of a deal this is. The Justice Department has a durable, longstanding, bipartisan commitment to defending the law when non-frivolous arguments can be made in its defense. This brief torches that commitment.
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Pick your adjective. The arguments that the plaintiffs have offered in favor of their argument that the penalty-free mandate requires striking down the whole statute are silly. Laughable. Ridiculous. Unprincipled. And yet --
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To be clear, the ACA remains intact, and will remain intact for the foreseeable future. This case is not going anywhere fast, and the likelihood that the Supreme Court endorses this travesty of an argument is slim.
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But the blow to the institutional integrity of the Justice Department is profound. That's why three line attorneys -- civil servants who have made arguments they disagreed with countless times -- removed themselves from this case. These arguments are that far beyond the pale.
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Replying to @nicholas_bagley
First signatory on the brief, Chad Readler, nominated today for a Court of Appeals judgeshippic.twitter.com/KrWLXYZWuz
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Replying to @rickhasen @nicholas_bagley
Leah Litman Retweeted Leah Litman
Great minds :-)https://twitter.com/LeahLitman/status/1004867272085725184 …
Leah Litman added,
1 reply 7 retweets 28 likes
Rick Hasen Retweeted Rick Hasen
Rick Hasen added,
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FWIW Chad Readler lies about his age on bumble. I know because he kept popping up in my feed when I was working in his division and he lost four years over the course of a few months. He also like yoga, pinot noir, and charter schools.
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