Trump Administration Asks 5th Circuit to Let All of ACA Die

California, New York state and other states that support the ACA are seeking permission to intervene in the case, and to fight to keep the ACA in place.

The Trump administration "has "determined that the district court's judgment should be affirmed," the Justice Department says in the new, two-sentence filing. "Because the United States is not urging that any portion of the district court's judgment be reversed, the government intends to file a brief on the appellees' schedule."

The ACA includes many provisions unrelated to major medical insurance, such as provisions for phasing out the Medicare Part D prescription drug plan donut hole and geriatric care education programs for health care providers. If the ACA were thrown out completely, without any replacement being in place, the consequences could include a return of the Medicare Part D donut hole to pre-ACA levels.

Matt Eyles, president of America's Health Insurance Plans, said in a statement that the district court's decision was misguided and wrong.

"So, too, is the government's reversal to now support it," Eyles said. "This harmful position puts coverage at risk for more than 100 million Americans that rely on it. We will continue to engage on this issue as it continues through the appeals process so we can support and strengthen affordable coverage for every American."

— Read Federal Judge Nominated by Obama Dismisses Maryland 'Obamacare' Suit, on ThinkAdvisor.

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