the entire Senate Democratic caucus and I are introducing a resolution that simply asks the Department of Justice to do what it is supposed to do--defend the duly enacted laws of this country. This resolution shouldn't be necessary, but last year, as 19 States joined Texas in challenging the constitutionality of the Affordable Care Act, Attorney General Jeff Sessions refused to defend the ACA in court and, in fact, filed a brief arguing that several vital protections of the law should be ruled unconstitutional, including protections for Americans living with preexisting conditions. In making his decision not to defend a duly enacted law, Jeff Sessions himself acknowledged that he was going against a ``longstanding tradition of defending the constitutionality of duly enacted statutes if reasonable arguments can be made in their defense.'' Guess what. There are many reasonable arguments for the ACA. Even conservative lawyers who previously argued against the ACA agree. One attorney filed an amicus brief in opposition to the Department of Justice's position calling it ``dangerous,'' ``beyond the pale,'' and ``effectively [usurping] legislative power.'' The Justice Department lawyer who authored the brief opposing the ACA, Chad Readler, was just rewarded with a confirmation to a lifetime position to the Sixth Circuit. In fact, Mr. Readler's circuit court nomination came on the exact same day that he filed the brief on behalf of the Department of Justice.…
Mazie Hirono: “the entire Senate Democratic caucus and I are introducing a resolution that simply asks the Department of Justice to do…”
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