Attorney General Becerra Leads Multistate Coalition to Appeal ACA Ruling in Texas v. U.S.

Thursday, January 3, 2019
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Coalition of 17 attorneys general move forward with challenge to district court’s ruling that the ACA is unconstitutional

SACRAMENTO – California Attorney General Xavier Becerra, leading a coalition of 17 attorneys general, today filed a notice of appeal in Texas v. U.S., defending the Affordable Care Act (ACA) and the healthcare of millions of Americans. Attorney General Becerra’s filing moves his legal defense of the ACA to the Fifth Circuit Court of Appeals, where he will appeal the lower court’s ruling that the ACA is unconstitutional. 

“Our goal is simple: to stand up for the law of the land – the Affordable Care Act – in order to keep healthcare affordable and accessible for millions of Americans,” said Attorney General Becerra. “This shouldn’t be a debate; the ACA has been the law for nearly a decade and is the backbone of our healthcare system. This case impacts nearly every American – workers covered by employers, families, women, children, young adults, and seniors – so we will lead the ACA’s defense as long and far as it takes. It’s troubling to think anyone would go back to the days when Americans with serious medical conditions like pregnancy or devastating illnesses like cancer or diabetes could be denied or charged more for coverage due to a preexisting condition.”

On December 14, 2018, the district court issued an opinion in Texas v. U.S., ruling that the ACA was unconstitutional, but that 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. On December 30, 2018, the district court granted Attorney General Becerra’s request to certify the judgement for appeal, and to stay the judgment pending that appeal. Today’s filing continues the coalition’s legal defense of the ACA, with a request to appeal the district court’s December 14 opinion in the Firth Circuit.

California’s coalition will continue to defend the law against this unfortunate decision that could wreak havoc on the entire American healthcare system and risk lives in every state. Nearly every American could be affected by this attempt to undermine the ACA, including:

  • 133 million Americans, including 17 million kids, with preexisting health conditions.
  • Young adults under 26 years of age, who are covered under a parent’s health plan.
  • Nearly 12 million Americans who received coverage through Medicaid expansion.
  • 12 million seniors who receive a Medicare benefit to afford prescription drugs.
  • Working families who rely on tax credits and employer-sponsored plans to afford insurance.

An electronic copy of the notice of appeal can be found here

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