Last week was an amazing and unusual week at the Department of Justice, and it went largely unnoticed by the mainstream media. Attorney General Jeff Sessions, with the approval of President Trump, submitted court filings in two lawsuits agreeing that Obamacare will be unconstitutional as of Jan. 1, 2019, and that DACA is and always has been unlawful. Thus, DOJ will not defend Obamacare nor will it defend DACA on the merits.
Not since the Obama administration flipped its position on DOMA has the DOJ declined to defend something this important. And unlike the DOMA case, in both the Obamacare case and the DACA case, DOJ is relying on existing rulings from the Supreme Court and the 5th Circuit, respectively, in formulating its positions.
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