In a court filing Monday, the Justice Department shifted its legal position on the Affordable Care Act, asking the U.S. 5th Circuit Court of Appeals to strike down the entire 2010 law, commonly known as ObamaCare. In December, U.S. District Judge Reed O'Connor in Texas ruled that ObamaCare became effectively unconstitutional when Republicans zeroed-out the individual mandate in their 2017 tax overhaul. "The Department of Justice has determined that the district court's comprehensive opinion came to the correct conclusion and will support it on appeal," DOJ spokeswoman Kerri Kupec said. Previously, President Trump's Justice Department had argued for scrapping only ObamaCare's protections for pre-existing conditions. Many legal scholars, including conservatives, doubt O'Connor's ruling will stand.

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