Mitch McConnell passes health care replacement back to Donald Trump

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President Donald Trump is reportedly figuring out ways to circumvent Congress - and is doing so with the help of his acting chief of staff, Mick Mulvaney.

"The actions taken by the Trump Administration seeking the invalidation of the ACA's protections for people with pre-existing conditions, and later the invalidation of the entire ACA, are an unacceptable assault on the health care of the American people", the resolution said, calling for the Justice Department to reverse its position in agreeing with the ruling of a Texas judge that invalidated Obamacare.

Despite the failure of previous efforts to repeal the health care law, President Trump appears dead set on making health care a major issue going into 2020. Under current law, these plans can only be formed by a small group of very similar businesses, like a restaurant franchise.

Signalling a possible appeal, Justice Department spokeswoman Kelly Laco says in a statement issued Friday the administration is "considering all available options". Bates says it also runs counter to longstanding federal laws that govern workplace benefits. Unable to pass a health care bill in Congress, the Trump administration made a decision to use regulations to roll back the Affordable Care Act and reshape Medicaid.

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For instance, Bates noted the Trump administration's small-business health insurance plan would allow two self-employed individuals to consider themselves both employees and employers, which would allow these insurance plans to be offered under ERISA.

The ruling Thursday by U.S. District Judge John Bates in Washington, D.C., is the second setback in a week for the administration's health care initiatives. Another judge on Wednesday struck down efforts in Kentucky and Arkansas to place work requirements on some Medicaid enrollees.

Even though all of this is bad for consumers, Trump saw it as a ideal way to kill President Barack Obama's signature health care reform after his repeal efforts died in Congress.

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