The Biden Department of Justice (DOJ) is not going to give up its fight to preserve its precious Obamacare. The current DOJ recently told the US Supreme Court that they do not think the national healthcare plan is unconstitutional. This lies in opposition to what the DOJ under former President Donald Trump said.

It is not common for one presidential administration to go against what its predecessor said in front of the highest court in the land. However, the Biden team will not let up until it saves Obamacare from destruction.

What Is at Issue

The constitutionality of the plan’s individual mandate is what is at issue in the argument over whether to overturn Obamacare.


The individual states that filed the lawsuit claim that the mandate cannot be considered a tax if it is not working properly and raising money for the funding. The argument by the plaintiffs is that if the mandate is unconstitutional, the entire premise of the plan is also unconstitutional since that mandate is such an important piece of the legislation.

The Hesitance to Repeal Obamacare

So why is this conservative court so hesitant to repeal Obamacare? The reason is that doing so would leave millions of people without health insurance. Obviously, this would not be good optics for the court, especially during this time of a pandemic. It is hard to blame the conservative justices for wanting to take on that heat from the liberals and the media by leaving hordes of Americans without insurance. Instead, everyone should expect the Biden administration to continue to add to and expand the Obamacare policies.