Since its introduction in 2010, the ACA has survived nearly 70 unsuccessful repeal attempts in Congress. Previous cases like King v. Burwell and NFIB v. Sebelius have upheld the ACA’s constitutionality. In another lawsuit aimed to dismantle the ACA, the ongoing legal battle adds a new layer of players who support or oppose the recent Texas lawsuit.
Last year, President Trump signed legislation that declared the heart of the ACA — the individual mandate — unconstitutional. The original lawsuit filed in Texas argues that if the mandate is killed, the remainder of the ACA must also fail. Nineteen other states joined the anti-ACA coalition. If the attorneys general accept the motion to intervene, they would take part in the court proceedings and be able to provide evidence that the law is constitutional.
- Among 16 attorneys general, California Attorney General Xavier Becerra seeks to enter the lawsuit to defend the ACA. He argues that if the lawsuit succeeds, millions of people who receive quality, affordable healthcare under the ACA could lose half a trillion dollars in healthcare funding. Working families, seniors and people with disabilities could lose preventive care and prescription drug benefits. The state of California would stand to lose $160.2 billion in healthcare for its residents.
- Attorney General Beshear states that Kentucky stands to lose a projected $49.7 billion in federal funding if the lawsuit moves forward. The private insurance plans and Medicaid have been instrumental in the state’s fight against the opioid epidemic.
- Washington State Attorney General Bob Ferguson argues that insurers would discriminate against patients based on medical history, and they would be subject to annual and lifetime limits to their health benefits if the state loses coverage.
Other state attorneys generals joining the motion to intervene include California, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, North Carolina, New Jersey, New York, Oregon, Rhode Island, Virginia, Vermont, Washington and the District of Columbia.