By now, we’re all familiar with at least some of the myriad ways that President Trump is actively trying to sabotage the Affordable Care Act—most recently, by allowing junk plans to be sold in the marketplaces and by withholding the federal subsidies that help low-income Americans to purchase health insurance on the insurance exchanges.
What’s more, the Trump administration has taken these destructive actions despite the fact that the ACA’s legality has been upheld, not once but twice, by the United States Supreme Court.
Under Article II of the US Constitution, the president has a legal obligation to “take Care that the laws be faithfully executed,” says Gluck.
This means that the President of the United States is legally obligated to see to it that all laws passed by Congress are implemented in good faith. Likewise, his federal agencies have a legal obligation, under the Administrative Procedure Act, to “not to use their power to engage in arbitrary action,” reports Abbe Gluck.
Therefore, the intentional and relentless strangulation of the ACA that we Americans have witnessed over the last nine months “violates both Trump’s constitutional obligations and quite possibly the obligations of his Department of Health and Human Services.”
The law is clear here, and so are Trump’s motives. And these stated motives would matter a great deal in the legal case against him.