Oregon, Washington Join Appeal Of Affordable Care Act Ruling

Oregon, Washington Join Appeal Of Affordable Care Act Ruling

Representing the House is former Solicitor General and current Munger Tolles & Olsen partner Don Verrilli and Douglas Letter, who recently left his position at Georgetown University Law Center to take the position as counsel for the Democratic-controlled House. The House's attempts to repeal the law failed in the Senate. "That is why so many of us are committed to defending the ACA". "They're already on record in defense of the ACA and people's healthcare and against the decision of the district court in Texas".

A lawsuit filed by Texas Attorney General Ken Paxton charged that since Judge O'Connor ruled the mandate, "once the heart of the ACA, . unconstitutional, the remainder of the ACA must also fall".

U.S. District Judge Reed O'Connor ruled last month that the health law is unconstitutional without the individual mandate penalty.

The ACA will remain in effect while the case is under appeal. The tax cut legislation passed by the Republican Congress and signed by President Donald Trump in 2017 reduced that tax penalty to zero.

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According to New Orleans City Business, a group of Democratic state attorneys general are planning to appeal the ruling, as well as congressional Democrats. That timeline also means the health-care law will likely continue to be a major political issue, including in the 2020 presidential campaign. O'Connor struck down the heath care law on December 14 after siding with plaintiffs in the case.

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California Attorney General Xavier Becerra, who's leading the charge, filed a notice of appeal Thursday morning before the us 5th Circuit Court of Appeals.

The 17-member coalition includes California, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington, and the District of Columbia. Thus, the fate of the entire law could be determined in the new appeal, depending on how broadly the higher courts decide it.

For now, the attorneys general are focused on a win in the Fifth Circuit Court.

The House's lawyers argued that they will be making some different arguments in defense of the ACA from those the supporting states will advance. The Democratic state AGs are in the process of tapping newly-elected officials to join the case.

He granted a request from liberal state governments for a stay in his ruling, which if upheld would strike everything from Obamacare's taxpayer-funded subsidies for private health plans to its expansion of Medicaid and provisions ordering insurers to cover people with pre-existing medical conditions.

However, the DOJ, in its filings in the lawsuit, did not endorse the claim that the entire law is invalid even if provisions related to the individual mandate are invalid.

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