DOJ Lawyer Resigned Day After Sessions Said Department Wouldn’t Defend O’Care

FILE - In this May 14, 2013, file photo, the Department of Justice headquarters building in Washington is photographed early in the morning. The Justice Department has signaled that it won’t try to block a lawsuit ... FILE - In this May 14, 2013, file photo, the Department of Justice headquarters building in Washington is photographed early in the morning. The Justice Department has signaled that it won’t try to block a lawsuit arising from the CIA’s harsh interrogation techniques, leaving the door open for a court challenge over tactics that have since been discontinued and widely discredited. (AP Photo/J. David Ake, File) MORE LESS
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A career Department of Justice attorney resigned the morning after Attorney General Jeff Sessions announced that the DOJ would refuse to defend Obamacare against a 20-state lawsuit, the Washington Post reported Tuesday.

Joel McElvain, the Post reported, citing unnamed people familiar with the matter, submitted his resignation Friday. An unnamed DOJ spokesperson told the paper the resignation would take affect in early July. 

After Republicans in Congress repealed Obamacare’s individual mandate, 20 GOP-controlled states sued over the law, saying it was unconstitutional as a result of the mandate’s repeal. 

Just before 6 p.m. Thursday — shortly before Sessions’ announcement — McElvain and two other career DOJ attorneys withdrew from the lawsuit. A DOJ spokesperson told TPM the attorney shake-up was due to “personnel issues.”

McElvain submitted his resignation the next morning, the Post said.

In deciding not to uphold the law, the Trump administration had determined its “dislike for the Affordable Care Act outweighed its respect for the rule of law,” University of Michigan law professor Nicholas Bagley told USA Today last week.

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  1. Avatar for pshah pshah says:

    The DoJ, under Sessions and Trump, already suffers from a dearth of attorneys willing to work for an immoral lawless bunch. This just exacerbates the problem, but I can’t blame them. It’s a no win situation. Stay and sacrifice your dignity or leave and watch the ship list ever more closer to sinking. At some point, enough is enough is enough.

  2. In deciding not to uphold the law, the Trump administration had determined its “dislike for the Affordable Care Act outweighed its respect for the rule of law,”

    Of course it did. The Trump administration has no respect for the rule of law, and shows it every damn minute of every damn day.

  3. Fixed.

  4. Takes effect, not affect.

  5. So, if any of Trump’s pardons are challenged in court the DoJ can decide not to defend them?

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