Tags: Healthcare Reform | Supreme Court | appeal | obamacare | repeal and replace | individual mandate

Dem AGs Set Up Appeal of Ruling That Kills Obamacare

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By    |   Monday, 17 December 2018 09:25 PM

Democratic state attorneys general took the first step Monday in appealing a ruling that struck down Obamacare — asking for an order clarifying that it has to be maintained in the meantime, two reports say.

California Attorney General Xavier Becerra, who is leading the coalition of 17 states defending the law, made the request of Texas federal District Judge Reed O'Connor, who ruled Friday the Affordable Care Act is unconstitutional.

In court papers, Becerra said O'Connor's ruling created confusion among Americans who depend on the law for health coverage.

"We're asking the court to make clear that the ACA is still the law and ensure that all Americans can continue to access affordable healthcare under it," Becerra said in a statement released after the filing, CNN reported.

"[Monday's] filing makes clear that California and its partner states will do everything possible to challenge this reckless ruling which threatens the healthcare of Americans from California to Maine, risking the health of seniors, children, workers, and young adults in every state in the nation. Our coalition will continue to fight to preserve access to healthcare, which is critical to the strength of our nation."

They also asked he certify his opinion so it can be appealed to the Fifth Circuit. They asked for a response by Friday, The Hill reported.

O'Connor, a district judge in the Northern District of Texas, sided with the 20 Republican attorneys general who filed a lawsuit against the Trump administration earlier this year, arguing Obamacare is unconstitutional because Congress repealed the individual mandate penalty.

But he did not issue an injunction, which would halt implementation of the law, The Hill reported.

The Health and Human Services Department issued a statement Monday saying it would "continue administering and enforcing all aspects of the ACA as it had before the court issued its decision. This decision does not require that HHS make any changes to any of the ACA programs it administers or its enforcement of any portion of the ACA at this time," CNN reported.

But, it added, "as always, the Trump administration stands ready to work with Congress on policy solutions that will deliver more insurance choices, better healthcare, and lower costs while continuing to protect individuals with preexisting conditions."

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Asking for an order clarifying Obamacare has to be maintained, Democratic state attorneys general took the first step Monday in appealing a ruling that struck down the nation's existing healthcare law, two reports say.
appeal, obamacare, repeal and replace, individual mandate
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2018-25-17
Monday, 17 December 2018 09:25 PM
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