Newly minted Attorney General William Barr ordered his Justice Department to stop defending Obamacare in federal court yesterday.

Moreover, his Department of Justice motioned a federal appeals court to “rule Obamacare unconstitutional”.

This is a change in position from the Sessions era DOJ which defended the unpopular law.

In 2012, the Supreme Court — led by Chief Justice Roberts — ruled 5-4 that Obamacare was constitutional and that the “individual mandate” was valid. The grounds for this decision rest in Congress’ power to tax. However, Roberts also wrote that Congress did not have the power to pass Obamacare through the “Commerce Clause”. That opinion was joined by the Conservatives Alito, Thomas, Scalia and moderate Kennedy. The case was NFIB v. Sebelius.

In December, a federal court ruled without the individual mandate — which was repealed by Congress in 2017 — the law could not function and therefore was “unconstitutional”.

This ruling is possible, because it is based upon the Roberts’ own opinion in NFIB v. Sebelius. Read Ken Klukowski’s excellent breakdown here.

It should be pointed out the Trump Administration’s DOJ filed its motion in the Fifth Circuit Court in Texas.

The Fifth Circuit is the most conservative Appeals Court in the nation, with 11 Republican appointed judges out of 16 — five of which are “Trump Judges”.

Max is the host of The Max Radio Broadcast on YouTube and founder of The Max Warriors Network — a dedicated brigade of Deplorables which infiltrates and reports on Antifa activity.

Follow Max on Twitter @Maximus_4EVR and @Maximus_Legacy.