A federal judge in Texas who ruled the entire Affordable Care Act (ACA) is unconstitutional recently stated the law can stand while his ruling is being appealed.
“Because many everyday Americans would otherwise face great uncertainty during the pendency of appeal, the court finds that the December 14, 2018 order declaring the individual mandate unconstitutional and inseverable should be stayed,” U.S. District Court Judge Reed O’Connor wrote.
Seventeen Democratic attorneys general had asked the judge to confirm that the ACA remains in effect nationwide and allow for a prompt appeal of his decision. They are expected to file an appeal soon to the Fifth Circuit Court of Appeals. The American Hospital Association (AHA) intends to file an amicus brief in support of upholding the ACA.
The lawsuit was brought by 20 Republican-led states. On Dec. 14, O’Connor ruled the entire ACA is unconstitutional because Congress repealed the tax penalty enforcing the law’s individual mandate. Earlier this year, AHA filed an amicus brief with other national organizations representing hospitals and health systems, urging the court not to accept the plaintiff’s severability argument.
The lawsuit was brought by 20 Republican-led states. On Dec. 14, O’Connor ruled the entire ACA is unconstitutional because Congress repealed the tax penalty enforcing the law’s individual mandate. Earlier this year, AHA filed an amicus brief with other national organizations representing hospitals and health systems, urging the court not to accept the plaintiff’s severability argument.
A recent AHA Special Bulletin includes a summary and talking points on the Dec. 14 ruling.
For more information, contact Amanda Newell at THA, 615-401-7441.
