Capitol Correspondence - 02.16.21

Biden Administration Reverses Trump-Era Position on Constitutionality of Affordable Care Act

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ANCOR has been following the legal challenges surrounding the constitutionality of the Affordable Care Act (ACA) because the ACA contains provisions protecting coverage of pre-existing conditions, including intellectual / developmental disabilities. As reported by CNBC:

“The Department of Justice notified the Supreme Court on Wednesday that it no longer considers Obamacare to be unconstitutional, the latest reversal from the department since President Joe Biden was inaugurated in January.

The Supreme Court is considering a challenge to Obamacare, formally known as the Affordable Care Act, brought by Texas and other Republican-led states. The Justice Department under former President Donald Trump backed Texas in legal briefs and during oral arguments in November.

California and other blue states are defending the law, under which 20 million Americans have gained health-care coverage.


The reversal from Biden’s Department of Justice was expected. Biden played a role in shepherding the monumental legislation through Congress in 2010 while serving as vice president under then-President Barack Obama.”