The Justice Department has declined to defend Obamacare in the suit against it brought by a large number of States in the aftermath of Congress’ repeal of the Individual Mandate penalty tax. Recall that Chief Justice John Roberts rewrote the law in 2012 to recreate the penalty as a tax in order to preserve the IM as constitutional, and thereby to preserve all of Obamacare as constitutional because of the inseverability of all parts of the law.
With the repeal of the IM’s…tax…that inseverability should doom the rest of Obamacare.
As a result of Attorney General Jeff Sessions’ decision not to defend the law,
University of Michigan law professor Nicholas Bagley said three Justice Department attorneys withdrew their names from the brief [wherein DoJ advised the court of its position].
Three Justice Department attorneys also should withdraw their names from the Federal payroll.