A federal appeals court called for Democratic states and the U.S. House to compile a brief which will explain the the legal standing for the Affordable Care Act (ACA). If the judges determine that there is no legal standing, then the ACA will be ruled as unconstitutional.
Last year in June, the Trump Administration stated that it would not defend the legality of the ACA. Last December, a Texas federal judge ruled the ACA as unconstitutional. The lawsuit against the ACA was filed in February 2019 by 20 Republican state-attorney generals. Within the lawsuit, the attorney generals argue that the ACA turned out to be unconstitutional once the tax penalty law was repealed from the individual insurance mandate. The individual mandate also is being claimed as not being able to be separated from the whole mandate, which the attorney generals claim to be unconstitutional.
The question of the ACA’s standing was posed during a brief notice to the democratic general attorneys, who have defended the ACA even when the U.S. Justice Department failed to support the law when it was challenged by Republican led states.
Blue states are more inclined to stand up for the ACA, as they have substantial benefits if the ACA stands as constitutional/ Within the mandate, they can be entitled to billions of dollars for expanding Medicaid programs.
The brief that is required to be submitted by the Democratic general attorneys is pending submission by July 9, 2019. Analysts predict that if this lawsuit reaches the U.S. Supreme Court, then it can be a substantial topic for next year’s Presidential race.
Read the original article from Bloomberg here.