Press Release  AG Healey Defends Health Care for Millions of Massachusetts Residents in Court Filing

Boston — As the Trump Administration expands its attack on the Affordable Care Act (ACA), arguing that a federal court should strike down the entire law, Attorney General Maura Healey joined a coalition of 21 attorneys general in filing a brief defending the ACA and the healthcare of millions of Americans in the appeal of a December 2018 ruling in Texas v. U.S.

The brief, filed in the U.S. Court of Appeals for the Fifth Circuit, challenges the lower court’s ruling that the entire ACA has been rendered unconstitutional due to changes to the minimum coverage requirement adopted by Congress last year. The brief also details the harmful effects of dismantling the ACA for tens of millions of people who rely on it for access to high-quality, affordable healthcare. 

“The Trump Administration’s goal is to strip away health care from millions of Americans who depend on the Affordable Care Act,” said AG Healey. “We will continue to stand up to these cruel efforts to sabotage our health care system.”

In their brief, the attorneys general argue that the plaintiffs lack standing in their challenge of the ACA’s minimum coverage requirement provision as they are not injured by the provision and there is no evidence the provision requires states to dispense more money to ensure its enforcement. The brief also argues the minimum coverage requirement remains constitutional as a lawful exercise of Congress’ taxing power, and that even if the minimum coverage requirement were held to be unconstitutional, there is no legal basis for declaring the rest of the ACA invalid.

The brief also argues striking down the ACA would wreak havoc on the entire American healthcare system and risk lives in every state. If affirmed, the district court’s decision would affect nearly every American, including:

• 133 million Americans, including 2.5 million Massachusetts residents, with preexisting health conditions.
• Young adults under 26 years of age who are covered under a parent’s health plan.
• More than 12 million Americans, including 350,000 Massachusetts residents, who receive coverage through the Medicaid expansion.
• 12 million seniors who have received a Medicare benefit to afford prescription drugs.
• Working families who rely on tax credits and employer-sponsored plans to afford insurance.

Today’s announcement continues the coalition’s legal defense of the ACA. After the December 2018 ruling by the Northern District of Texas finding the ACA unconstitutional, the attorneys general filed an expedited motion to ensure that the ACA continued to be enforced nationwide and to allow for an immediate appeal. The District Court granted that notice to certify the judgment for appeal and to stay the judgment pending that appeal. In January 2019, the coalition of attorneys general filed a notice of appeal in Texas v. U.S.

The filing, led by California Attorney General Xavier Becerra, includes the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Virginia, Vermont, Washington, and the District of Columbia.

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