The GOP Is Using the Courts to Do What Congress Couldn’t: Repeal the ACA

In a new filing this week, President Donald Trump's Justice Department declared that it wants the courts to strike down the entirety of the Affordable Care Act as unconstitutional. This comes on the heels of a recent district court decision making the same argument by U.S. District Court Judge and noted malcontent Reed O'Connor. In the latest episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo explain this new strategy, the legal errors underpinning it, and its odds of success in the Era of Kavanaugh.

John Roberts during his confirmation hearings in 2005, presumably looking into the future at yet another existential fight for the ACA. Alex Wong/Getty Images

In a new filing this week, President Donald Trump’s Justice Department declared that it wants the courts to strike down the entirety of the Affordable Care Act as unconstitutional. This comes on the heels of a recent district court decision making the same argument by U.S. District Court Judge and noted malcontent Reed O’Connor. In the latest episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo explain this new strategy, the legal errors underpinning it, and its odds of success in the Era of Kavanaugh.