Latest Obamacare Lawsuit Looks Like Another Loser
Those pre-existing condition protections aren’t going anywhere.
It won’t be that bad.
Photographer: Pacific Press/LightRocket via Getty Images
A lawsuit against Obamacare may well turn out to be a bigger story in the news than in the courts. When the Donald Trump administration declined to defend the law, and partly endorsed the lawsuit, critics denounced it for flouting its alleged duty to defend duly enacted federal laws in court. They said the lawsuit threatens everyone with pre-existing conditions, who would lose the protections that Obamacare provides.
But the lawsuit is highly unlikely to succeed. It makes two basic arguments, one of which is trivial and the other absurd. It is on far weaker ground than the two major anti-Obamacare lawsuits that preceded it.