posted by AHIP
on April 1, 2019
Today, AHIP submitted an amicus brief in Texas v. United States in support of reversal of district court Judge Reed O’Connor’s recent decision invalidating the entirety of ACA. That decision, which declared that the zeroed-out individual mandate penalty was unconstitutional, also found that because the remainder of the ACA was inseverable from the mandate that the entire law must be struck down.
AHIP’s brief, filed in the U.S. Court of Appeals for the Fifth Circuit, supports the California-led intervenor defendants and the U.S. House of Representatives position on appeal that the mandate remains constitutional – but more specifically – focuses on how the district court erred in finding that the entire ACA must be invalidated on the basis it is inseverable from the individual mandate.
Our brief highlights the complexity and scale of the ACA – including the impact of the law on not only the individual and group markets, but also on other programs such as Medicaid, Medicare and Part D coverage that millions of Americans rely upon. We emphasize the dramatic and disruptive impact invalidation of the ACA would have on health insurance providers and the health care industry itself, and how this would negatively impact the hundreds of millions of Americans with health coverage today.