Arguments for ACA lawsuit from states scheduled for September

Amy Baxter | | Health Exec | Policy & Regulations

A Texas lawsuit seeking a halt in the enforcement of the Affordable Care Act (ACA) is ramping up, with oral arguments scheduled for Sept. 10. The lawsuit, which was filed by 20 Republican state attorneys general, argues the ACA is unconstitutional.

The lawsuit is widely watched, in part because the Trump administration has sided with the plaintiffs seeking to strike down the ACA’s insurance protections, Politico reported. The ACA prohibited denying coverage to individuals with preexisting medical conditions, a policy that has become popular and an important voting issue, according to the Kaiser Family Foundation.

The oral arguments will come just 60 days before the midterm elections, and they will likely factor into election outcomes.

One key provision of the ACA, the individual mandate, has already been essentially overturned via the most recent tax bill, which eliminated any associated penalties. The lawsuit argues “the remainder of the ACA must also fall” if the individual mandate is found unconstitutional. The lawsuit also refers to the ACA as “an irrational regulatory regime governing an essential market.”

Andy Slavitt, former acting administrator for CMS, pointed out how many provisions could be overturned in the Texas case on Twitter, including Medicaid expansion, limits on out-of-pocket costs and allowing kids to stay on their parents’ plans until the age of 26.

Amy Baxter
Amy Baxter

Amy joined TriMed Media as a Senior Writer for HealthExec after covering home care for three years. When not writing about all things healthcare, she fulfills her lifelong dream of becoming a pirate by sailing in regattas and enjoying rum. Fun fact: she sailed 333 miles across Lake Michigan in the Chicago Yacht Club "Race to Mackinac."

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