Law professor concerned about defending the law is introduced to Eric Holder, Obama administration

The Washington Post reported Thursday that the Trump administration “will not defend the Affordable Care Act against the latest legal challenge to its constitutionality — a dramatic break from the executive branch’s tradition of arguing to uphold existing statutes and a land mine for health insurance changes the ACA brought about.”

Here’s my take on the Justice Department’s latest decision to refuse to defend the ACA. As I say, I am at a loss for words to explain how big of a deal this is. https://t.co/Bi7mByducC

— Nicholas Bagley (@nicholas_bagley) June 8, 2018

Nicholas Bagley, a University of Michigan law professor, posted an epic thread on Twitter in reaction to the news, but a couple of excerpts stood out, like this one:

Do you want to live in a country where the executive branch can pick and choose the craziest of arguments and decline to defend — or even to enforce! — laws on that basis? The President has a duty to take care that all the laws are enforced, not just the ones he agrees with.

— Nicholas Bagley (@nicholas_bagley) June 7, 2018

Did you catch that? The president has a duty to take care that all the laws are enforced, not just the ones he agrees with.

🎻 https://t.co/9vGler5l0Q

— Stephen Miller (@redsteeze) June 8, 2018

That’s a pretty small violin.

Wait until someone tells this guy about the Obama years … https://t.co/IR7EWyMDUr

— Joe Kehoskie (@joe_kehoskie) June 8, 2018

Buddy we’ve been living there since 2008 https://t.co/Vo8932qdoC

— Charismatic Megafauna ^♢^ (@rpkelly) June 8, 2018

Where were you from 2008-2016? https://t.co/2G62rLJqQz

— Luffred Lowdown (@ashtonjoseph92) June 8, 2018

Obama’s gone, no worries https://t.co/DMFsu7VbuF

— ☠Problematic AF™ ☠ (@EF517_V3) June 8, 2018

I believe it was the last president who liked to brag about having “a pen and a phone” and not needing Congress to get things done. https://t.co/yyKIpb80KW

— Joe Walsh (@WalshFreedom) June 8, 2018

Man, it really sucks when the other side starts playing Calvinball! https://t.co/d8ZpgdhI0I

— Drew McCoy (@_Drew_McCoy_) June 7, 2018

We’re in the middle of an outrage cycle because DoJ is enforcing the law against entering the country illegally.

It’s amazing how selective we are about being selective in enforcing the law. https://t.co/d8ZpgdhI0I

— Drew McCoy (@_Drew_McCoy_) June 8, 2018

like immigration laws? https://t.co/bWbIe2i0C2

— Based El (@el__cajones) June 8, 2018

The entire left is freaking out right now because we’re attempting to enforce immigration law. Now we’ve suddenly hit crisis level because of the ACA? https://t.co/btbezmcNev

— Fuzzy Chimp (@fuzzychimpcom) June 8, 2018

I want the President to enforce the laws I like and not enforce the laws I don’t like. https://t.co/4GYqJw3q9X

— Thulsa Gloom 🦇 (@ThulsaGloom) June 8, 2018

Is this a parody account? https://t.co/WnIdIarn4g

— Tyler Bennett (@TylerBennett248) June 8, 2018

Settle down, bub. Illegal immigration, marijuana, sanctuary cities…there’s a long history of the executive branch turning a blind eye to our nation’s laws. Nice that you’ve suddenly noticed, tho. https://t.co/pG48c17zEp

— Straight Outta Pali (@jslemaker) June 8, 2018

You act like this is the first time this has been asked & answered with reasons. https://t.co/r6jvFpBQPP

— Kris Kinder (@kris_kinder) June 8, 2018

Remember when Obama issued waivers, delayed the employer mandate, and changed enrollment periods for Obamacare? I do. https://t.co/SIjqKCeQq4

— Mo Mo (@molratty) June 8, 2018

Like when Obama made unconstitutional changes to the travesty that was ObamaCare? ACA has been a liberal disaster from day one. #ObamaFail https://t.co/7VB9rFilsT

— Steve (@eighteenrings) June 8, 2018

The weirdest thing about the 21st century is how earnestly arguments get recycled as the wheel of fortune turns. https://t.co/rnQUJRMV1f

— Andy Rasmussen (@andysrasmussen) June 8, 2018

But wait, there’s more. How about this one:

I am at a loss for words to explain how big of a deal this is. The Justice Department has a durable, longstanding, bipartisan commitment to defending the law when non-frivolous arguments can be made in its defense. This brief torches that commitment.

— Nicholas Bagley (@nicholas_bagley) June 7, 2018

Eric Holder torched that commitment on DOMA. https://t.co/f32mz4xmdd

— Ed Whelan (@EdWhelanEPPC) June 7, 2018

Two words: Eric Holder. https://t.co/QeQ9PKpMoQ

— Navigator (@ItsGoneAwry) June 8, 2018

Uh… this? Remember DOMA? https://t.co/e6uSS3kQGE

— Andrew Kloster (@ARKloster) June 8, 2018

Narrator: the commitment was torched when the Obama DOJ falsely claimed there was no non-frivolous argument in support of DOMA and stopped defending it. https://t.co/e6uSS3kQGE

— Andrew Kloster (@ARKloster) June 8, 2018

Notice the sleight of hand here—“non-frivolous”—which will be used to justify Obama’s DOJ refusing to defend the Defense of Marriage Act https://t.co/GVpzZh1Rzl

— Scott (@sbwnhtx) June 7, 2018

Indeed, that used to be the norm. But AG Holder didn’t want to defend DOMA, so it is no longer the norm.

Although I vocally opposed DOMA, I wrote at the time that Holder’s decision was the wrong one. And here we are. https://t.co/Y43dMFukWl

— Gabriel Malor (@gabrielmalor) June 8, 2018

DOMA could not be reached for comment. https://t.co/McEft5YDFp

— Drew McCoy (@_Drew_McCoy_) June 7, 2018

It burned down seven years ago, and some of us warned at the time that there would be consequences to that https://t.co/AV9our22KZ https://t.co/0TPvyvqZ25

— Dan McLaughlin (@baseballcrank) June 8, 2018

Kinda sucks, no? #DefenseOfMarriageAct https://t.co/QajiIw3RHY

— Kevin Bensema (@kevin_bensema) June 8, 2018

This is Ben Rhodes Crying On Election Night-grade schaedenfreude for those of us who remember the last administration. https://t.co/ecHeLSSdHl

— Michael Watson (@MichaelWatsonDC) June 8, 2018


 

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