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Republican-led States, DOJ Argue Against ACA in Lawsuit

On May 1, the Department of Justice (DOJ) and 18 Republican-led states filed legal briefs in Texas v. United States arguing the Fifth U.S. Circuit Court of Appeals should uphold a ruling that the Affordable Care Act (ACA) is invalid.

DOJ and the plaintiff states cited that the entire law is unconstitutional because Congress reduced the individual mandate tax penalty — an “inseverable” provision from the ACA — to zero.

A group of 16 Democratic-led states and the District of Columbia that is defending the ACA has three weeks to file separate briefs arguing that the decision should not stand. The Democratic-controlled House also intervened in the lawsuit to defend the ACA.

Oral arguments in the appellate court are scheduled for the week of June 8.

To learn more, see America’s Essential Hospitals state policy brief, entitled States’ Role in Legal Action to Challenge, Defend ACA Coverage.

Contact Senior Director of Policy Erin O’Malley at or 202.585.0127 with questions.


About the Author

Kelcie Jimenez is a former state policy analyst at America's Essential Hospitals.

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