Appeals Court to Hear ACA Oral Arguments This Week

Appeals Court to Hear ACA Oral Arguments This Week

The lawsuit was filed a year ago by twenty Republican state attorneys general, who argue that the elimination of the ACA's individual mandate to purchase insurance - accomplished in Republicans' 2017 federal tax overhaul - means the entire law should be nullified.

California's attorney general represents a coalition of mostly Democratic-led states and the District of Columbia seeking to overturn Mr O'Connor's ruling and uphold the law, along with the US House of Representatives.

Judge Jennifer Elrod, who was appointed to the 5th Circuit Court of Appeals by Republican President George W. Bush, asked attorneys for the Democratic officials defending the law during a hearing.

It was unclear when the court would issue a ruling or if it will actually make it to the Supreme Court, but the ultimate outcome will affect protections for people with pre-existing conditions, Medicaid expansions covering roughly 12 million people, and subsidies that help about 10 million others afford health insurance.

Douglas Letter, arguing for the now-Democratic controlled House of Representatives, said that Texas and other states are exaggerating the impact of the law Trump signed in 2017 eliminating the mandate.

Support for rural hospitals, in particular, would be in jeopardy amid potential federal cuts to health care topping $5 billion, Casey said.

If the law is overturned, almost 20 million people could lose their health insurance.

Vermont is one of 21 states acting as intervening defendants in the ACA unconstitutionality lawsuit. "It directly contradicts what we know that Utahns want", Simpson said.

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While Trump signed an executive order in June 2019 which noted "my administration seeks to enhance the ability of patients to choose the healthcare that is best for them", critics say he hasn't offered a viable replacement.

Manchin, who led efforts to get the Senate Legal Counsel involved in the lawsuit, addressed Trump, saying he would be willing to call any legislation fixing the current health care system "Trump Repaircare". The ruling is stayed while the case wends its inevitable path though the appeals process. If successful, the plaintiffs' case in Texas v. Azar would go farther than any of those bills, striking down the law in its entirety and abruptly eliminating a wide range of policies and programs on which millions of people have come to rely for health coverage. "We will fight the Trump administration tooth and nail".

The three-judge panel in New Orleans is not expected to decide until later whether to overturn or uphold a ruling previous year by a federal judge in Texas that the entire health care law was unconstitutional. After all, it says that the ACA would be constitutional if Congress had explicitly eliminated the mandate, as opposed to simply making it irrelevant; the act would also be constitutional if the penalty had remained positive, no matter how small, say $1, because then it would still be a tax. After all, an estimated 20 million Americans could be thrown off their health care plans or be denied affordable coverage for cancer, diabetes and other preexisting medical conditions.

"If we win the House back, keep the Senate and keep the presidency, we're going to have a plan that blows away Obamacare", Trump told the crowd.

Even if they do, the case will be appealed to the Supreme Court, which probably - probably - will reject the suit.

A spokesman for Sununu said the governor has a history of supporting protections for pre-existing conditions. And he pointedly suggested that the courts shouldn't have to work out what parts of the law should or shouldn't survive.

Sununu's statement comes on the day that lawyers in a federal case that could overturn the Affordable Care Act hold oral arguments.

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