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Senior DOJ official resigns in wake of ObamaCare decision
The Hill ^ | 06/12/18 | Rachel Roubein

Posted on 06/12/2018 5:04:47 PM PDT by yesthatjallen

A senior career Department of Justice (DOJ) official has resigned, one week after the Trump administration made a controversial announcement that it would argue key parts of ObamaCare are unconstitutional.

A DOJ official confirmed to The Hill that Joel McElvain resigned and his last day is July 6, but declined to comment on whether the resignation was due to last week’s announcement.

Last week, the DOJ wrote in a filing that it wouldn’t defend ObamaCare’s protections for people with pre-existing conditions. The move broke with historical practice, where the DOJ defends federal laws, and sided in part with a challenge to the law brought by a coalition of Republican-led states.

According to the Post, McElvain had worked at DOJ for over 20 years and submitted his resignation Friday, the day after DOJ announced it wouldn’t defend parts of ObamaCare. DOJ’s decision reversed years of legal work McElvain and the department had amassed to defend ObamaCare in court.

On Capitol Hill Tuesday, Alex Azar, the Health and Human Services secretary, said that the administration's decision is not a "policy position" but a constitutional and legal position.

Last year, Republicans repealed the requirement that Americans have health insurance or pay a fine, known as the individual mandate.

A coalition of Republican-led states sued in February, arguing the law in its entirety was no longer constitutional without the individual mandate. The administration didn’t agree that the whole law needed to be overturned, but rather that two provisions protecting people with pre-existing conditions should be.

(Excerpt) Read more at thehill.com ...


TOPICS: Government; News/Current Events
KEYWORDS: aca; doj; joelmcelvain; obamacare; trumpdoj; wellbye
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Does anyone know what this is about?
1 posted on 06/12/2018 5:04:48 PM PDT by yesthatjallen
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To: yesthatjallen

Sounds like swamp draining going on


2 posted on 06/12/2018 5:06:52 PM PDT by Sasparilla ( I'm Not Tired off Winning)
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To: yesthatjallen

Paging Powers Boothe...


3 posted on 06/12/2018 5:06:54 PM PDT by daler
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To: yesthatjallen
The move broke with historical practice

It's like these people were in a coma the whole time obumber was illegally POTUS.
4 posted on 06/12/2018 5:07:19 PM PDT by JoSixChip (He is Batman!)
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To: yesthatjallen
That's not the right query!

The real question is:HOW DO WE GET MORE OF THESE LEFTIES TO RESIGN ON THEIR OWN...ON MASS AND THEN, HOW DO WE GET GOOD GUYS TO REPLACE THEM ALL?

5 posted on 06/12/2018 5:10:11 PM PDT by nopardons
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To: yesthatjallen
The DoJ is a particularly dark and deep part of the swamp.

Sessions doesn't seem to be too interested in getting his job done, so self draining will have to do.

#Winning

6 posted on 06/12/2018 5:10:37 PM PDT by Paladin2
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To: yesthatjallen
All three major Democrat candidates for Attorney General in Colorado have announced they will not defend any law in court that does not fit with their personal political agenda.

That is in contrast with the incumbent Republican AG, Cynthia Coffman, who believed she had a duty to defend Colorado laws against legal challenge - including the Masterpiece Cakeshop case.

Once again, Democrat's "principles" are very flexible.

7 posted on 06/12/2018 5:11:52 PM PDT by colorado tanker
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To: yesthatjallen

Well, bye.


8 posted on 06/12/2018 5:12:48 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: yesthatjallen

So the DOJ person doesn’t want to make sure that laws are Constitutional? Then they really do not belong at the DOJ.


9 posted on 06/12/2018 5:15:55 PM PDT by 48th SPS Crusader (I am an American. Not a Republican or a Democrat)
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I am ok with this. If he didnt feel comfortable, he just resigned. Much better than leaking, crying to the press and making an all out SJW cryfest.

He left - good


10 posted on 06/12/2018 5:21:31 PM PDT by bob_esb (wAT)
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To: yesthatjallen

Well, bye!


11 posted on 06/12/2018 5:22:25 PM PDT by bgill (CDC site, "We don't know how people are infected with Ebola.")
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To: yesthatjallen
The move broke with historical practice, where the DOJ defends federal laws,

Pretty rich if he was a holdover from the Soetoro Regime!

12 posted on 06/12/2018 5:22:50 PM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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To: SERKIT

Obama ordered the DOJ to NOT defend the Sanctity of Marriage law.


13 posted on 06/12/2018 5:25:45 PM PDT by weston (As far as I'm concerned, it's Christ or nothing)
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To: weston

Sorry DOMA (defense of marriage act) not Sanctity of marriage.
Anyway DOJ did not defend it in court. So this is far from unprecedented


14 posted on 06/12/2018 5:28:44 PM PDT by weston (As far as I'm concerned, it's Christ or nothing)
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To: weston

.........among MANY other laws they refused to enforce.


15 posted on 06/12/2018 5:30:06 PM PDT by SERKIT ("Blazing Saddles" explains it all.......)
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To: yesthatjallen

Sure, guy got his 20 years in and is now retiring on a nice pension. Probably get hired by libtard thinktank or legal group.


16 posted on 06/12/2018 5:30:16 PM PDT by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: JoSixChip

“The move broke with historical practice”

Like Obongo refusing to defend “The Defense of Marriage Act”. I guess they forgot about that /s.


17 posted on 06/12/2018 5:35:11 PM PDT by gibsonguy
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To: yesthatjallen

Winning!


18 posted on 06/12/2018 5:36:17 PM PDT by SmokingJoe
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To: yesthatjallen

I wonder whether this story is true.

Arguing against pre-existing condition coverage is a political loser. Although it’s a stupid requirement, it was THE most popular part of Obamacare. People want some Kind of protection being permanently barred from getting insurance.


19 posted on 06/12/2018 5:36:51 PM PDT by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!it)
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To: yesthatjallen
The move broke with historical practice, where the DOJ defends federal laws

Guess the writer forgot about Obama's DOJ failure to defend the Defense of Marriage Act (DOMA) (Pub. L. 104-199, Sept. 21, 1996, 110 Stat. 2419).

20 posted on 06/12/2018 5:43:07 PM PDT by Lockbox
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