Obamacare in Appeals Court – Should the ACA Be Struck Down?

What’s the story?

• Lawyers from the Trump administration and a group of Republican states are facing off against a coalition of Democratic states and the House of Representatives in a case that could end the Affordable Care Act.
• Arguments began Tuesday in front of a trio of 5th US Circuit Court of Appeals judges, two of whom were appointed by Republican presidents. Whatever the outcome, the case is likely to reach the conservative-majority Supreme Court.

What’s the backstory?

• In November, a federal district judge in Texas agreed with the red states and DOJ, ruling that because the ACA’s individual mandate is unconstitutional, the entire healthcare law is also illegal.
• That suit also argued that the law’s protections for people with pre-existing conditions should be overturned.
• In March, the Trump administration submitted a filing to the 5th circuit court, writing "it is not urging that any portion of the district court's judgment be reversed."

"The Department of Justice has determined that the district court's comprehensive opinion came to the correct conclusion and will support it on appeal," said Kerri Kupec, spokesperson for the Justice Department.

• In response, House Speaker Nancy Pelosi (D-CA) said the administration's position was tantamount to an "all-out war on the health care of the American people."

"While the Trump Administration broadens its monstrous ambitions from destroying protections for pre-existing conditions to tearing down every last benefit and protection the Affordable Care Act provides, Democrats are fiercely defending the law of the land and protecting all Americans' health care."

What do you think?

Do you agree with the Trump administration that the entire ACA should be struck down? Take action and tell your reps, then share your thoughts below.

—Josh Herman

(Photo Credit: majunznk via Flickr)