California’s Attorney General Vows National Fight To Defend The ACA

California’s Attorney General Vows National Fight To Defend The ACA

California’s Attorney General Vows National Fight To Defend The ACA

Since Congress repealed the penalty for not having insurance in its tax reform package a year ago, much of the rest of the insurance statute becomes unconstitutional in 2019 and must be "struck down", attorneys for the Justice Department said in a court filing Thursday.

The states also called for the entire law and all of its mandates to be eliminated, while the Justice Department argued some portions of the law could remain in place.

At issue is a lawsuit filed by 20 Republican state attorneys general on February 26, which charged that Congress' changes to the law in last year's tax bill rendered the entire ACA unconstitutional.

The Department of Justice has said it will not legally defend the ACA's restriction on insurers asking about pre-existing health conditions as a determinant for whether to offer coverage and at what rates, saying it believes the provision is unconstitutional. John McCain's dramatic "thumbs down" vote last July, the Trump administration has taken other steps that Obamacare advocates say weaken the law. "As of 2019, therefore, the individual mandate will be unconstitutional under controlling Supreme Court precedent holding that 'the federal government does not have the power to order people to buy health insurance'".

"Just read the brief of the states that intervened to defend the law".

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"Initial filings for 2019 plans have shown that, while rates are higher due to the zeroing out of the individual mandate penalty, the market is more steady for most consumers than in previous years, with insurance providers stepping in to serve more consumers in more states", says Grow. "That change eliminated the basis for the court's decision to uphold the ACA's constitutionality".

Bailey's spokesman Corey Uhden said Friday that he wouldn't comment on the constitutionality of the ACA provisions. "The Trump Administration is perpetuating the same cruel vision of higher costs and less coverage that House Republicans voted for in the monstrosity of Trumpcare".

The state has been at the forefront in resisting many Trump Administration policies, including on health care and immigration.

These consumer protections proved enormously popular with Americans and are among the reasons why efforts to repeal Obamacare in Congress failed a year ago.

"It would be essentially a return to what the individual market looked like before the ACA, where insurers would require applicants to fill out long questionnaires about their medical histories, and make decisions based on people's health and how much to charge", said Larry Levitt, a senior vice president at the Kaiser Family Foundation.

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If the court agrees with the Justice Department's argument to toss out part of the law that protects individuals with an existing medical condition, that could affect millions of Americans who buy insurance directly from the marketplace.

"When Congress reformed the tax system in December 2017, it removed the tax penalty for failing to comply with the mandate", Reyes said.

That argument is likely to be lost on consumers, said Robert Blendon, a polling expert at the Harvard T.H. Chan School of Public Health - particularly in the heat of an election that will determine control of Congress.

The Justice Department said that also nullifies two other major provisions of Obamacare linked to the individual mandate, including one barring insurance companies from denying coverage to people with pre-existing conditions.

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