The Trump administration formally declared its opposition to the entire Affordable Care Act on Wednesday, arguing in a federal appeals court filing that the signature Obama-era legislation was unconstitutional and should be struck down.
Such a decision could end health insurance for some 21 million Americans and affect many millions more who benefit from the law’s protections for people with pre-existing medical conditions and required coverage for pregnancy, prescription drugs and mental health.
Looking at a straight political calculus, OK. Trump is playing to his base. The Democrats are likely welcoming this fight. They're going to broadcast that Trump is actively trying to take health insurance away from tens of millions. Those with pre-existing conditions are going to get screwed. The congressional Republicans and those thinking of running for office know this; this is the last fight that they want to have next year.
"Donald Trump and the Republicans Want You to Die of Pre-Existing Conditions"-- the attack ads almost write themselves.
But, on a systemic note, this is fucking dreadful. It's the job of the Justice Department to defend the constitutionality of the laws that have been enacted. Congress enacts the law, the Executive enforces and defends the law, and the Court says what the law is. If any president disagrees with the law, the proper route is to go to Congress to change the law, not to slime its way into court and attack the law there.
Worse, how are we, as a people, supposed to know what conduct is illegal and what isn't if the enforcement of the law is openly acknowledged to be up to the whims of the Executive branch? If ignorance of the law is no defense to breaking it, now we have to know what laws are effectively voided because the prosecutors are going to look the other way?
Before you ask whether or not this means that I believe it's wrong for prosecutors to refuse to enforce low-level laws against the possession and use of pot. Yes,
I believe that
it should be legalized. I also believe that the drug laws should be enforced until they are changed. Not enforcing the law because it's not politically popular is wrong.
[1]
It's no stretch to think of other times when the law wasn't enforced because it was politically expedient to do so. The Fifteenth Amendment was not enforced throughout the South for over ninety years. Laws against murder were similarly not enforced, depending on the skin color of the victim and the killer.
[2]
This isn't rocket science, people. This is basic, grade-school level civics: The Legislative Branch enacts the law, the Executive Branch enforces the law; the Judicial Branch says what the law is.
Trump, though, is a wannabee autocrat/tyrant. He arrogates to himself the job of saying what the law is. And his acolytes, like Bill the Bootlicker Barr and Miss Lindsey, go right along with it.
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[1] The better approach would be to target the rich areas for enforcement, for after a few dozen rich kids get sent to the slammer for pot possession, the laws might change quickly. Because money talks.
[2] No, I'm not accusing the Trump Administration of being pro-lynching. But it would not be a total shock if they were.
