The Justice Department Abandons the Law, the Constitution

❝ A continuing challenge of covering the three-ring circus that is the Trump administration is not letting the outrageous antics and statements of the president and his allies distract attention from the outrageous policies being implemented on his watch.

One example, unfolding right now in the midst of the president’s various rhetorical wars — with our G-7 partners, with the special counsel, with his own attorney general — is the administration’s remarkable move not to defend the constitutionality of key parts of the Affordable Care Act…

This is crazy. Nobody imagined — not members of Congress who happily gutted the individual mandate, not President Trump in signing the new law, not members of the public who wanted to learn about what the tax change meant for them — that the consequence was also to eviscerate perhaps the most popular part of the health care law, the protection for those with pre-existing conditions.

You might have thought if that was going to happen, it would have come up at some point in the public debate. You might have thought it would receive some notice from the president, who in his first address to a joint session of Congress proclaimed that it was his priority to “ensure that Americans with pre-existing conditions have access to coverage,” and who signed the tax law without any peep about this provision’s supposed unconstitutionality.

I wouldn’t say “crazy” and I’m not surprised. I expect nothing less than absolute allegiance to the most corrupt ideology of America’s class rulers. In this instance, Trumps/Sessions lifetime of butt-kissing of the whole medical-industrial complex.

From insurance companies to Big Pharma, there is no masquerade of new evidence or revelation. The corruption of these two politicians has always been as self-evident as their racism, snobbery, sexual hangups. You pick out something disgusting and backwards about American politics there’s a good chance they’re standing in line for a hug.

One thought on “The Justice Department Abandons the Law, the Constitution

  1. Obrigkeitsstaat says:

    “The laws that Congress passes and the Presidents signs are the laws of the land. They aren’t negotiable; they’re not up for further debate. If the Justice Department can just throw in the towel whenever a law is challenged in court, it can effectively pick and choose which laws should remain on the books. That’s as flagrant a violation of the President’s constitutional duty to take care that the laws are faithfully executed as you can imagine.
    But don’t take my word for it. For Justice Department lawyers—I count myself among them (2007-10)—the duty to defend congressional statutes is at the core of what it means to be a government attorney. Yet, hours before the federal government filed its brief, three line attorneys from the Justice Department withdrew from the case. That’s almost unheard of. These are lawyers who have made arguments they personally disagreed with countless times. They’re civil servants. They’re good soldiers. Yet they could not sign it. That’s how far out the administration’s position is.
    Do you want to live in a country where the Justice Department can embrace the craziest of arguments and decline to defend laws—or even enforce them!— on that basis? The President has a duty to take care that all the laws are executed, not just the ones he likes. [see https://www.heritage.org/constitution/#!/articles/2/essays/98/take-care-clause ]
    …The Trump administration has just announced that it doesn’t care that a law was passed by Congress and signed into law by the President. All that matters if that it hates the law and has a (laughable) argument for casting it aside.
    That’s not a rule of law I recognize. That’s a rule by whim. And it scares me.”
    Nicholas Bagley https://theincidentaleconomist.com/wordpress/texas-fold-em/

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