Tuesday, 31 January 2023

Attorney General Becerra leads multistate coalition continuing to defend the ACA

SACRAMENTO – California Attorney General Xavier Becerra, leading a coalition of 17 attorneys general, has filed a reply brief in Texas v. U.S., defending the Affordable Care Act and the healthcare of millions of Americans.

Attorney General Becerra’s brief argues that the ACA remains the law, and details the harm that ending the ACA will have on the U.S. health system, states, and millions of Americans.

“It’s hard to imagine a world in which millions of Americans could lose healthcare, but these are the stakes right now in federal court,” said Attorney General Becerra. “The Trump Administration shows little regard for Americans’ healthcare, lives, or the law. Every American could be affected by this case’s outcome: children, seniors, workers covered by employers or through the Marketplace, and the hundreds of millions of people with a pre-existing condition. This shouldn’t be a debate: the ACA is the law of the land, and we will continue to challenge this dangerous attempt to undermine Americans’ health.”

On Dec. 14, 2018, the Court issued an opinion in Texas v. U.S., ruling that the ACA was unconstitutional.

The decision lacked clarity. As a result, Attorney General Becerra filed an expedited motion to continue the legal defense and ensure that the ACA continues to be implemented and enforced nationwide.

The motion additionally requested that the court certify the opinion, so that it may be appealed to the Fifth Circuit Court of Appeals immediately.

According to briefs filed by Texas and the federal government, all of the parties agree that the court’s Dec. 14 order has no immediate effect, that the court should certify the order for immediate appeal in the Fifth Circuit and that proceedings in the district court should be stayed pending the outcome of that appeal.

Attorney General Becerra has requested that the court rule on the motion before Jan. 1, 2019.

An electronic copy of the brief can be found here.

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