The Biden Administrations Health Insurance Priorities.

• Date: 26 April 2021
• Author: Mcgovern, Patrick
• Published date: 26 April 2021
• Author: Mcgovern, Patrick

The Biden Administration wasted no time in implementing some of the new President's campaign promises relating to health insurance and the Affordable Care Act ("ACA"). First, on February 10 the Department of Justice filed a letter with the Supreme Court reversing the position it took under the Trump Administration asking the Court to invalidate ACA. The Justice Department advised the Court that it no longer adheres to the conclusions of the brief it first filed with the Court, and now argues against the main argument made by the States of Texas and 17 others that ACA became unconstitutional once Congress removed from ACA the individual mandate's penalty, but left the mandate, in 2017. The Trump Administration argued that once the penalty was removed from ACA, the individual mandate became unconstitutional. The Justice Department now urges the Court to find that despite the elimination of the individual mandate penalty, ACA still gives Americans a choice between lawful options for securing health coverage without paying a penalty. Alternatively, the Justice Department argues that if the Court finds that the individual mandate is unconstitutional because it carries no penalty, it can sever this provision and leave the rest of ACA intact. The Administration's position is now aligned with the position advocated by 15...