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The Trump administration is urging a federal court to dismantle two of the most popular provisions of Obamacare, but to hold off taking those steps until after the midterm elections this fall.

Responding to a lawsuit from conservative states seeking to repeal the Affordable Care Act, the Justice Department told a judge in Texas on Thursday that Congress' decision to repeal the penalty for failing to buy health insurance renders unconstitutional other Obamacare language guaranteeing offers of insurance to people with pre-existing conditions and limiting insurers' ability to use age or health status to set rates.

Administration lawyers encouraged a judge to rule the two Obamacare linchpins illegal, effective next January, when the mandate penalty is set to be repealed.

The Justice Department's stance will leave to about 16 liberal states the task of seeking to defend the two key components of the law: guaranteed issue and community rating.

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