Cummings Seeks Subpoena for Documents Withheld by Trump Administration on Refusal to Defend ACA in Court

Jul 9, 2018
Press Release

Washington, DC (July 9, 2018)—Today, Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, sent a letter asking Chairman Trey Gowdy to issue a subpoena to compel the Department of Justice (DOJ) to produce documents it is withholding relating to the Trump Administration’s decision to argue in federal court that key provisions of the ACA are unconstitutional.

“The Trump Administration’s sudden reversal runs counter to a longstanding, bipartisan commitment by DOJ to defend duly enacted statutes in federal court, fulfilling the Constitution’s mandate that the Executive Branch ‘take care that the laws are faithfully executed.’  DOJ’s actions also threaten the health and welfare of 130 million Americans who have preexisting health conditions,” Cummings wrote.

Three of the four career attorneys representing the government refused to sign the brief, which undermines the ACA’s protection against insurance companies discriminating based on health status.  

“One of these senior career officials resigned from the Department in protest,” Cummings wrote.  “The lead political appointee who signed the brief was nominated by President Trump to the Sixth Circuit Court of Appeals later that very same day.”

On June 13, 2018, Cummings joined with the Ranking Members of the Committees on the Judiciary, Energy and Commerce, Ways and Means, and Education and Workforce in sending a letter to Attorney General Jeff Sessions requesting documents by June 27, 2018, relating to the Trump Administration’s decision.  Sessions did not respond.

Click here to read today’s letter. 

115th Congress