A group of four cities are suing President Trump over his administration of Obamacare, claiming that his actions undermine the healthcare law and violate the Constitution.
The cities say in a lawsuit filed Thursday that Trump’s moves are actively sabotaging Obamacare. The action violates his duty under the Constitution to “take care” that America’s laws are faithfully implemented.
Baltimore, Chicago, Cincinnati and Columbus, Ohio are the cities that are part of the lawsuit filed in a federal court in Maryland. The left-leaning advocacy group Democracy Forward is also part of the lawsuit, which counts two individuals from Charlottesville, Va., as plaintiffs too.
“Having failed to persuade Congress to repeal the Affordable Care Act, President Trump and his administration are waging a relentless campaign to sabotage and, ultimately, to nullify the law,” the lawsuit said.
As evidence, the lawsuit points to the administration slashing funds for outreach and ads to promote Obamacare.
Also, it cites the administration’s efforts to promote insurance plans that don’t comply with Obamacare’s requirements. One such move came earlier this week, when the administration released a new regulation to extend the duration of short-term plans, from three months to 12 months. Another was earlier this year, when it finalized a regulation to expand access to association health plans, which are bought by small businesses and individuals who band together.
Both plans are cheaper than the plans sold on Obamacare’s insurance marketplaces on the individual market because they do not have to cover as many benefits as an Obamacare plan. The plans also do not have to meet an Obamacare plan requirement to cover people with pre-existing conditions.
The Trump administration charges that the plans are a way to expand access to affordable health insurance for people who are priced out of Obamacare’s marketplaces due to premium hikes.
However, experts say that the short-term and association plans will cause younger and healthier people to leave Obamacare’s marketplaces for the cheaper plans. This will cause destabilization in Obamacare’s marketplaces.
Democrats and pro-Obamacare groups say the plans, alongside cuts to outreach, are part of a broader campaign by Trump to sabotage Obamacare.
The lawsuit claims that Trump has been “remarkably transparent” about using his administration to undermine Obamacare.
He at one point said that “we are getting rid of Obamacare” boasted that “essentially, we have gotten rid of it,” the lawsuit said.
“Of course, as a matter of constitutional law, the Affordable Care Act has not been repealed,” the lawsuit said. “But the administration’s death-by-a-thousand-cuts campaign to undermine the act via executive action alone has taken a toll.”
Health and Human Services said that it does not comment on pending litigation.
