Thursday, 24 January, 2019

17 states, D.C. appeal Texas judge's ruling declaring ACA unconstitutional

Court dismisses federal claims in lawsuit regarding tasing incident Court dismisses federal claims in lawsuit regarding tasing incident
Celia Hoffman | 04 January, 2019, 22:53

On Thursday, 17 Democratic state attorneys general, who have already been fighting the lawsuit as so-called intervenor defendants, appealed O'Connor's ruling. With the stay in place, the Affordable Care Act's provisions will continue as normal while the case moves through the federal court system.

Obamacare was struck down by a federal judge in Texas last month, and now a nationwide coalition of attorneys general, including Massachusetts Attorney General Maura Healey, want to appeal that decision.

Because O'Connor had already stayed his ruling pending appeal, Americans who have signed up for Obamacare individual health plans or have Medicaid coverage under provisions of the law are not affected by his ruling in the case. However, Obamacare remains in effect pending appeal, the judge clarified earlier this week. When the Supreme Court upheld the health care law in 2012, it was on the grounds that Congress could issue the individual mandate as part of its taxation powers.

He said Judge O'Connor's ruling was "erroneous, that it would be detrimental and it would dismantle the lives and health care of so many people in this country". The suit then argued that the insurance requirement could not be legally separated from the rest of the sprawling statute, so all of it was invalid.

Many legal experts, both liberal and conservative, have predicted that the Texas ruling will be overturned by a higher court.

The Texas Attorney General's Office did not immediately return a request for comment.

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Becerra told reporters he hopes that more states will join the group now that four additional states have elected Democratic attorneys general.

The group of Democratic attorneys general emerged previous year as the main defenders of the law when the Trump administration, in an unusual move, announced that it would not defend the ACA against the lawsuit. The government reported that about 8.4 million Americans have signed up this year under the law, reflecting steady demand for its subsidized health insurance.

President Donald Trump campaigned on repealing and replacing Obamacare.

California is once again defending the Affordable Care Act, leading a coalition of Democratic states against a small army of Republican lawmakers seeking to undo the Obama administration's signature healthcare law. That move will be followed by a vote next week created to force GOP lawmakers into a political corner: agree to defend a law many members have spent years reviling or appear to oppose popular ACA protections for millions of Americans with preexisting medical conditions that many have pledged to uphold.

Politico: Democrats Won The House On Obamacare. "Now we're going to give them an opportunity to do so".

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