A court ruling that finds Obamacare is unconstitutional could come in the next few months, says a former attorney general.
Ken Cuccinelli, the former attorney general for Virgina, tells OneNewsNow he was relieved and excited after learning the U.S. Department of Justice will not defend the Affordable Care Act a case brought by Republican state attorneys general and two governors.
The lawsuit claims Obamacare is unconstitutional without the individual mandate penalty or tax that Congress and President Trump repealed in the Tax Cuts and Jobs Act.
"While it is rare for the Department of Justice not to defend a federal statute, it is probably even more rare that the basis of their decision not to defend the statute, in this case Obamacare, is based on court precedent," says Cuccinelli, now president of the Senate Conservatives Fund. "They have based their decision entirely on the 2012 Obamacare ruling by the U.S. Supreme Court."
It was that ruling that upheld Obamacare with the individual mandate penalty.
"This all began with attorneys general like Ken Paxton (R-Texas)," he recalls. "So once again we have Republican attorneys general protecting the Constitution, along with the Department of Justice, where the congressional Republican leadership utterly failed to do so."
Cuccinelli expects there will be defenders of Obamacare trying to stand up for the law.
"But I also expect," he adds, "that the Republican attorneys general are going to win at every level."