It said that the requirement that people have health insurance - the individual mandate - was unconstitutional and that the entire law, including provisions that guarantee access to health insurance regardless of any medical conditions, should be struck down as a result.
Top House Democrats on Friday denounced the Trump administration for a "stunning attack on the rule of law" that will damage the health-care system after the Department of Justice declined to defend ObamaCare in court. The lawsuit argues that last year's action by Congress to eliminate the ACA's tax penalty for individuals who go without insurance renders the rest of the law unconstitutional, the Post reported.
The Trump administration is siding with Texas in the state's bid to convince a federal judge that Obamacare is largely unconstitutional. In the meantime, the existing law will likely remain.
These consumer protections proved enormously popular with Americans and are among the reasons why efforts to repeal Obamacare in Congress failed a year ago.
Canadian Senate votes in favour of bill to legalize cannabis
Gardner, for his part, said in a Thursday press conference announcing the bill that he had spoken with Trump about the bill. Phil Murphy and state lawmakers on whether to make New Jersey the ninth state to legalize marijuana for recreational use.
"I find it impossible to believe that the many talented lawyers at the department could not come up with any arguments to defend the ACA's insurance market reforms, which have made such a difference to millions of Americans", Verrilli said. The filing is part of a lawsuit brought by the state of Texas and a coalition of other Republican-led states that are challenging Obamacare's constitutionally.
"Justice Department attorneys don't withdraw from cases simply because the government is making an argument the lawyers think the courts should or would reject", he said.
Americans are very divided over the Affordable Care Act, but one piece that many support is the law's protections for those with pre-existing conditions. A Justice Department spokeswoman said the lawyers' withdrawal had been a department decision, declining to specify whether the lawyers had personally objected to continuing on the case. If granted, the request would also lead to higher premiums for.
The mandate introduced with Obamacare, the popular name for the Affordable Care Act (ACA), was meant to ensure a viable health insurance market by forcing younger and healthier Americans to buy coverage.