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The question arose in a case filed by Maryland Attorney General Brian Frosh, who is seeking a declaration that Obamacare is lawful even after Congress repealed a tax penalty provision that allowed the Supreme Court to uphold the act in 2012. Frosh also asked U.S. District Judge Ellen Hollander in Baltimore to issue an order voiding President Donald Trump’s elevation of Whitaker, who was chief of staff to former Attorney General Jeff Sessions, arguing it violated federal law.
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