As somebody who has been a critic of Obamacare since its early days as a campaign proposal, I’d obviously love for the law to be entirely repealed. But what the Trump administration Department of Justice has just done is to latch onto a bizarre legal theory in an effort to get rid of the law without having to go through Congress.

At issue is a case brought by a coalition of states led by Texas that argues that Obamacare needs to be completely struck down by courts because the 2017 tax law reduced individual mandate penalties to $0. It was boosted by a shoddy decision by a Texas District Court judge last December and is currently under appeal.

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