Justice Department escalates fight against Obamacare with unconstitutional determination

The Trump administration told a federal appeals court Monday it thinks all of Obamacare is unconstitutional, marking an escalation in its fight against the 2010 law.

Justice Department lawyers previously had argued that if the courts found Obamacare’s “individual mandate” is no longer constitutional, then a narrow slice of the program — consumer protections for people with pre-existing conditions — could not stand, either.

A federal judge in Texas went much further in a December ruling, agreeing with plaintiff states who said the whole law should be invalidated. On Monday, administration lawyers said they’re fine with that.