Attorney General Letitia James Joins Multistate Coalition To Appeal ACA Ruling

NEW YORK – Today, Attorney General Letitia James, as one of a coalition of 17 attorneys general, filed a notice of appeal in Texas v. U.S., defending the Affordable Care Act (ACA) and the healthcare of millions of Americans. Today's filing moves the legal defense of the ACA to the U.S. Court of Appeals for the Fifth Circuit where the Attorneys General will appeal the lower court’s ruling that the ACA is unconstitutional. 

“Healthcare is a right, not a privilege,” said Attorney General Letitia James. “This litigation that seeks to strip away the healthcare that millions of Americans depend on is irresponsible and harmful. New York will continue to work with this coalition to safeguard access to healthcare for all Americans.”

On December 14, 2018, the district court issued an opinion in Texas v. U.S., ruling that the ACA was unconstitutional. As a result, the Attorneys General filed an expedited motion to ensure that the ACA continues to be implemented and enforced nationwide. On December 30, 2018, the district court granted the request to certify the judgment for appeal, and to stay the judgment pending that appeal. Today’s filing continues the coalition’s legal defense of the ACA, with a request to appeal the district court’s December 14 opinion in the Firth Circuit.

The California led coalition will continue to defend the law against this unfortunate decision that could wreak havoc on the entire American healthcare system and risk lives in every state. Nearly every American could be affected by this attempt to undermine the ACA, including:

  • 133 million Americans, including 17 million kids, with preexisting health conditions.
  • Young adults under 26 years of age, who are covered under a parent’s health plan.
  • Nearly 12 million Americans who received coverage through Medicaid expansion.
  • 12 million seniors who receive a Medicare benefit to afford prescription drugs.
  • Working families who rely on tax credits and employer-sponsored plans to afford insurance. 

An electronic copy of the notice of appeal can be found here.