CHARLESTON, W.Va. — The U.S. Department of Justice says there is a “live case or controversy” involving its support of a decision striking down former President Barack Obama’s health care law because the government continues to enforce the statute.
Department attorneys on Wednesday filed a supplemental brief in the 5th Circuit Court of Appeals in New Orleans in the lawsuit on “Obamacare.”
Multiple Republican-led states, including West Virginia, are arguing the law is unconstitutional because of Congress’ repeal of the individual mandate in the 2017 tax law. The individual mandate required people to purchase health insurance or be penalized.
A federal judge in Texas ruled in favor of the states last December. The Department of Justice in March came out in support of Judge Reed O’Connor’s decision.