Justice Department tells Supreme Court it thinks Obamacare is constitutional, reversing Trump-era position

The Department of Justice notified the Supreme Court on Wednesday that it no longer considers Obamacare to be unconstitutional, the latest reversal from the department since President Joe Biden was inaugurated in January.

The Supreme Court is considering a challenge to Obamacare, formally known as the Affordable Care Act, brought by Texas and other Republican-led states. The Justice Department under former President Donald Trump backed Texas in legal briefs and during oral arguments in November.

California and other blue states are defending the law, under which 20 million Americans have gained health-care coverage.

“Following the change in Administration, the Department of Justice has reconsidered the government’s position in these cases,” Edwin Kneedler, deputy solicitor general, wrote in a letter to Scott Harris, the Supreme Court clerk.