On Friday, a coalition of 20 states and the District of Columbia filed a petition for expedited review of the Texas vs United States case – otherwise known as the Health Care Repeal Lawsuit. The petition highlights the importance of a swift decision to ensure that consumers remain protected and insured through the Affordable Care Act (ACA). Advocates can play an important role in raising awareness of the harm of the Health Care Repeal Lawsuit and provide opportunities for consumers to demand that all decision makers – from the courts to Congress – protect their health care.  

How did we get here?  

In late December, the 5th Circuit Court of Appeals ruled 2-1 that the individual mandate was unconstitutional but remanded the remaining details to the U.S. District Court for the Northern District of Texas. As a result, they are directing Judge O’Connor to determine what parts of the ACA remain intact and what parts fall with the mandate, if any at all. Judge O’Conner has a clear and transparent history of animosity toward the ACA. The delay in the ruling and the content of the ruling create a further delay in resolving what is recognized as an unfounded and weak legal case. You can read our brief analysis of the ruling here.  

What does this development mean?  

The delaying tactics place consumers at risk. First, there is clear signaling to the Trump administration there is a pathway to repeal through the courts. This creates uncertainty not just for consumers but also for the health care industry that provides health insurance products on the state and federal marketplaces. Second, the Trump administration will have no accountability for its aggressive pursuit of repeal through the court system. By delaying an audience with the Supreme Court, there will be no clear resolution for consumers in 2020. This is not only detrimental to the health care markets but also reverberates through every individual and family that relies of coverage for health care access and the robust consumer protections the ACA provides. 

What can we do?  

Advocates have a vital role to play. As a collective, we must continue to make the repeal efforts front and center, displaying the unrelenting attacks on our health care. We can do this by holding all decision makers accountable for working to dismantle our health coverage access. We can shine the light on these efforts through social media, in-person events, earned media and more. We can show up loudly and often. It is a bright new year, and as defenders of the ACA and proponents of equitable health care for everyone, we are ready.

In late December, the 5th Circuit Court of Appeals ruled 2-1 that the individual mandate was unconstitutional but remanded the remaining details to the U.S. District Court for the Northern District of Texas. As a result, they are directing Judge O’Connor to determine what parts of the ACA remain intact and what parts fall with the mandate, if any at all. Judge O’Conner has a clear and transparent history of animosity toward the ACA.