The Trump administration on Thursday night argued in a legal brief filed to the Supreme Court that the entire Affordable Care Act (ACA) should be invalidated. 
The legal filing, while expected, makes official the Trump administration’s position in the Supreme Court against the health law months ahead of the election, at a time when Democrats are hammering President TrumpDonald John TrumpTrump rally sparks self quarantine of dozens of Secret Service agentsGOP: Trump needs a new planTrump faces ObamaCare court deadline as political ground shiftsMORE over his position on health care.  
Overturning the ACA would take away health coverage for about 20 million people, and the stakes are even higher given the effects of the current pandemic. 
The brief argues that because the law’s requirement to have health insurance was upheld in court as a tax in 2012, and Congress has since repealed the financial penalty for violating that requirement, in 2017, it is no longer a tax and therefore no longer constitutional. 
The administration’s says that because this one provision is invalid, the rest of the law is so intertwined with this provision that the entire law should fall, too. 
“The entire ACA thus must fall with the individual mandate, though the scope of relief entered in this case should be limited to provisions shown to injure the plaintiffs,” the Department of Justice writes. 
Legal experts in both parties have widely criticized this argument as weak, saying Congress’s intent in the 2017 tax law was clearly only to repeal the mandate penalty, not the entire Affordable Care Act. 
Democrats quickly seized on the decision. 
President Trump and the Republicans campaign to rip away the protections and benefits of the Affordable Care Act in the middle of the coronavirus crisis is an act of unfathomable cruelty,” Speaker Nancy PelosiNancy PelosiPence confidant helps 24-year-old beat Trump-backed candidatePelosi refuses to apologize for accusing GOP of ‘trying to get away with murder’ with police reform billDemocrats block GOP police reform bill amid Senate stalemateMORE (D-Calif.) said in a statement. 
The DOJ filed the brief late at night on Thursday, and many Republicans view the continued lawsuit as a political headache. 
Vulnerable Republican lawmakers up for reelection have largely dodged questions about their positions on the lawsuit, as Democrats’ defense of the ACA helped the party win back the House in 2018 as the law gains popularity.