“Following the change in Administration, the Department of Justice has reconsidered the government’s position,” Deputy Solicitor General Edwin Kneedler told the court in a letter Wednesday. The United States “no longer adheres to the conclusions” in a brief filed by the Trump administration.
Kneedler said the federal government now maintains that the individual mandate is constitutional but even if the court disagrees it should sever the mandate and allow the rest of the sprawling law to stand.
The case was argued on November 10 and is currently before the justices.
This story is breaking and will be updated.