A group of Democratic attorneys general is appealing the recent decision of a federal court that overturned Obamacare because the Trump administration has refuse defend the federal health care law.
Last month, a Texas federal judge ruled the Affordable Care Act to be unconstitutional, saying the law could no longer be upheld now that Congress had rescinded the mandate for everyone to buy insurance. illness or pay a fine. The case was brought by a coalition of Republican attorneys general.
This decision represents a significant threat to the most popular and radical reforms of health insurance. If the higher courts confirm this decision, it could overrule Obamacare's ban on pre-existing conditions – which is why Obamacare's supporters are fighting hard.
As a general rule, the federal government would defend a federal law. But the Trump administration refused to do so, instead organizing information sessions in support of the repeal of the Affordable Care Act.
This led a coalition of 17 attorneys general favorable to Obamacare, led by Xavier Becerra of California, to intervene on behalf of the health care law, notifier Thursday, the court of appeal of the fifth circuit decided to appeal. Documents outlining the Attorney General's legal arguments in this case will be submitted in the weeks and months to come.
"No state defending the Affordable Care Act was at the root of this litigation," Becerra told reporters. "We did not think the federal government would adequately defend the law in court. And I think we were right.
Texas Judge Reed O. Connor released his radical decision December 14th. Two weeks later, December 30 he issued a suspension this made it clear that Obamacare remains fully in force as the case progresses in the judicial system.
Becerra said he "hoped" that the appeal process would end in late 2019, potentially putting an appeal before the Supreme Court in 2020 – right in the middle of the next presidential election.
Although Trump predicted that this case would finally be brought to the Supreme Court, attorneys general did not consider it inevitable. In the end, the Supreme Court would need four judges to rule and move the case forward.
"We will take it where we need it," he said.