‘In Light Of Ambiguity,’ States Want Judge To Clarify Whether Health Law Ruling Has Any Immediate Legal Effect
In their filing to U.S. District Judge Reed O’Connor, California Attorney General Xavier Becerra and other Democratic attorneys general also asked for permission to immediately appeal's his decision that the Affordable Care Act is unconstitutional. For its part, HHS says that since O’Connor had not issued a final judgment or an injunction, the department “will continue administering and enforcing all aspects of the ACA as it had before the court issued its decision.” Meanwhile, Democrats prepare to act to protect the law as soon as they take the majority in the House next month.
The New York Times:
States Ask Judge To Declare Health Law Still In Effect While Ruling Is Appealed
California and 15 other states asked a federal judge on Monday to protect current health care coverage for millions of Americans while courts sort out the implications of his ruling that the Affordable Care Act was invalid in its entirety. The states, which support the health care law, said the ruling on Friday, by Judge Reed O’Connor of the Federal District Court in Fort Worth, had caused immense confusion about whether the law was still in effect, and whether consumers were still entitled to its benefits and protections. The states asked Judge O’Connor to clarify whether he meant his decision to have “any immediate legal effect.” (Pear, 12/17)
The Wall Street Journal:
States Ask For Clarity On Judge’s Ruling On Affordable Care Act
The states filed a motion that asks U.S. District Judge Reed O’Connor in Texas to either clarify his ruling or grant a stay of his decision during litigation. The states also asked for permission to appeal it right away. The judge cast a cloud over the ACA’s future in a sweeping ruling that declared the ACA unconstitutional without a penalty on people forgoing health coverage. Congressional Republicans have eliminated the penalty starting for next year. Because the insurance mandate was central to the law, the whole law must be invalidated, the judge ruled. (Armour, 12/17)
The Hill:
Dem AGs Begin Process Of Appealing Court Ruling That Struck Down ObamaCare
The state officials noted in their filing Monday that O'Connor's opinion created confusion about whether ObamaCare will be unenforceable once the repeal of the individual mandate takes effect Jan. 1. They also asked that he certify his opinion so it can be appealed to the Fifth Circuit. They asked for a response by Friday. “The district court’s ruling poses a dangerous threat to the healthcare of millions of Americans. We’re asking the court to make clear that the ACA is still the law and ensure that all Americans can continue to access affordable healthcare under it,” Becerra said in a statement. (Hellmann, 12/17)
The Hill:
Incoming Dem Chairman Vows Hearings On ObamaCare Lawsuit 'Right Away'
Rep. Frank Pallone Jr. (D-N.J.), the next chairman of the House Energy and Commerce Committee, vowed Monday to hold oversight hearings "right away" on the Trump administration's involvement in a court case over the weekend that ruled that the Patient Protection and Affordable Care Act, often called ObamaCare, was unconstitutional. Pallone will take over the chairmanship of the panel when Democrats assume the House majority next year. He said they will "get to the bottom" of the administration's decision not to defend the health-care law against a lawsuit filed by Republican attorneys general. (Hellmann, 12/17)
The Hill:
GOP Lawmakers Distance Themselves From ObamaCare Ruling
Republicans are keeping their distance from a recent court ruling that struck down ObamaCare, as GOP lawmakers are wary of the political backlash that could ensue from scrapping the law. Many congressional Republicans remain silent after a federal judge on Friday struck down the Affordable Care Act in its entirety. And those who have spoken out largely steered clear of embracing the decision. (Sullivan, 12/17)
The Washington Post:
Trump Suggests A Supreme Court Ruling Invalidating Affordable Care Act Would Lead To Better Health Care
President Trump on Monday suggested that the Supreme Court should affirm a ruling by a federal judge in Texas that the entire Affordable Care Act is invalid, writing on Twitter that doing so “will lead to GREAT HealthCare results for Americans!” The president weighed in on the judicial process as the ruling on Friday cast great uncertainty over the U.S. health-care system, with the expectation that the case would ultimately make its way to the Supreme Court. In his tweet, Trump sought to make the case, as he first did over the weekend, that the ruling presented an opportunity for his Republican administration to work with Democrats to craft a better law than President Barack Obama’s signature achievement, which Trump continued to criticize. (Wagner, 12/17)
Politico:
Why Trump Still Needs Obamacare
A Texas judge’s stunning declaration that Obamacare is unconstitutional not only kneecaps the health care law, it would also cripple President Donald Trump’s entire health care agenda. Trump wants lower drug prices, drastic action on the opioid crisis and protection for people with pre-existing conditions. Those are the parts of the law many Republicans do want to keep, but with the entire law invalidated — pending appeal — Trump and Republicans are trying to figure out how to live with a judicial ruling they kind of wanted, but didn’t want in such a big way. (Karlin-Smith, Roubein and Ehley, 12/17)
Reuters:
U.S. Healthcare Stocks Drop After Judge Rules Obamacare Unconstitutional
Shares of U.S. health insurers, hospitals and healthcare companies fell on Monday in the aftermath of a ruling by a federal judge in Texas that the Affordable Care Act (ACA), commonly called Obamacare, was unconstitutional. Many legal experts predicted U.S. District Judge Reed O'Connor's decision on Friday eventually will be reversed on appeal considering that the law has been upheld by the Supreme Court, but the uncertainty created by the ruling drove down healthcare stocks on Monday. (12/17)