This Just In ...
Pressure to End the Affordable Care Act Mounts
The U.S. Department of Justice (DOJ) recently submitted a legal brief to the 5th U.S. Circuit Court of Appeals outlining the Trump administration's arguments for invalidating the Affordable Care Act (ACA).
President Obama signed the ACA into law in 2010 and implemented the individual mandate, which requires all individuals to purchase health insurance or pay a tax penalty.
In 2017 the Republican-led Senate approved a tax bill that repealed the individual mandate (and the tax penalty associated with it) — effective in 2019.
The DOJ filed the brief on behalf of 20 Republican attorneys general who are challenging the ACA's constitutionality. The state attorneys general argued that the 2017 tax reform law made the ACA's individual mandate unconstitutional by zeroing out the tax penalty. They also stated that the ACA cannot be viable without the individual mandate, making the ACA unconstitutional.
In December 2018, a U.S. district judge agreed with the plaintiffs, but Democratic attorneys general from 18 states and the District of Columbia appealed the judge's ruling.
The ACA still is the law, although without the individual tax penalty. If the appeals court accepts the Trump administration’s argument, ACA supporters worry that millions who gained coverage through Medicaid or who have subsidized coverage could lose coverage.
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