Democratic states appeal Obamacare ruling to Supreme Court – By Ricardo Alonzo-Zaldivar (Associated Press) / Jan 3 2020
WASHINGTON — In a move that could put the Obama-era health law squarely in the middle of the 2020 election, Democratic-led states Friday asked the Supreme Court for a fast-track review of a recent court ruling that declared part of the statute unconstitutional and cast a cloud over the rest.
A coalition of 20 states led by California Attorney General Xavier Becerra filed a petition seeking expedited review. They hope to get a Supreme Court hearing and decision by this summer, before the November elections. For the court to agree to such a timetable would be unusual, but not unprecedented.
Defenders of the Affordable Care Act are arguing that the issues raised by the case are too important to let the litigation drag on for months or years in lower courts, and that the 5th U.S. Circuit Court of Appeals in New Orleans erred when it struck down the health law’s now toothless requirement that Americans have health insurance.
“The lower courts’ actions have created uncertainty about the future of the entire Affordable Care Act, and that uncertainty threatens adverse consequences for our nation’s healthcare system, including for patients, doctors, insurers, and state and local governments,” according to the states’ filing.
There was no immediate reaction from the Trump administration. President Donald Trump had declared the appeals court ruling a victory.
While finding the health law’s individual mandate to be unconstitutional, the 5th Circuit made no decision on such popular provisions as protections for people with preexisting conditions, Medicaid expansion, and coverage for young adults up to age 26 on their parents’ policies.
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