Mass Attorney General Appeals Affordable Care Act Ruling With Multi-state Coalition

Shelby Knowles  The Texas Tribune

Shelby Knowles The Texas Tribune

Becerra said the case will impact nearly 133 million Americans - including 17 million kids -with preexisting conditions, nearly 12 million Americans who received coverage through Medicaid expansion, nearly 12 million seniors who use Medicare to afford prescription drugs and working families who depend on tax credits and employer-sponsored plans to afford insurance. Today's filing moves the legal defense of the ACA to the Fifth Circuit Court of Appeals where Attorney General Herring and his colleagues will appeal the lower court's ruling that the ACA is unconstitutional.

According to a ruling by Judge O'Connor, the ACA will remain in effect during the appeals process.

Colorado Attorney General-elect Phil Weiser, who is set to be sworn in next week, said joining the California-led coalition to defend the ACA will be his first official act.

"This case impacts almost every American", Becerra said.

"That is, I think, why we saw the bump", he said, "those last-minute people signing up afterward". OR and Washington are among those challenging that decision. He's seen as a reliably conservative judge who's handed Republicans several victories. Prospective House Speaker Nancy Pelosi promptly announced that when her party takes control of the U.S. House of Representatives in January, it will "move swiftly to formally intervene in the appeals process to uphold the life-saving protections for people with pre-existing conditions, and reject Republicans' effort to destroy the Affordable Care Act".

O'Connor, a former aide to U.S. Sen.

14, U.S. District Judge Reed O'Connor sided with leaders from a group of Republican states who say the Affordable Care Act is unconstitutional.

In their conference call Thursday, the Democratic attorneys general disputed that. He defended the law from previous constitutional challenges in front of the Supreme Court in the 2012 case NFIB v. Sebelius.

That move will be followed by a vote next week created to force GOP lawmakers into a political corner: agree to defend a law many members have spent years reviling or appear to oppose popular ACA protections for millions of Americans with preexisting medical conditions that many have pledged to uphold.

"It's is an affront to the rule of law", he added, arguing that the ruling will not stand. That is the appeal in which the House will shortly ask the Fifth Circuit to allow it to join.

Although Judge O'Connor was told by the House that the challenging states and the Trump Administration are opposed to the House's entry, the new filing in Fort Worth made a series of arguments that the legislative chamber has both an explicit legal right to do so, but also has a backup argument that it should be let into the case as a matter of judicial discretion.

Until then, the Affordable Care Act remains effective.

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