With a lawsuit challenging the constitutionality of the Affordable Care Act in the hands of a federal judge in Texas, Maryland is taking the issue head on by filing a lawsuit that would keep the ACA.
The state’s lawsuit, filed by Maryland Attorney General Brian Frosh on Thursday, is a counterattack to the federal case that seeks a judgment that the ACA is constitutional. The suit further asks for a court order that would prevent the U.S. from taking action against the healthcare law.
The ACA challenge was filed by 20 Republican attorneys general and governors and argues that the entirety of the ACA is unconstitutional because it is tied to the individual mandate—which Republicans essentially repealed in its 2018 spending bill by dropping the penalty for lack of insurance down to $0. Without the individual mandate, the lawsuit argues the ACA “in whole” is unconstitutional. The Trump administration has sided with the lawsuit in part, agreeing that part but not all of the ACA should be struck down. The suit aims to implement an immediate injunction to halt the ACA.
The judge in the case, who heard oral arguments in the case on Sept. 5, could declare all or part of the ACA is unconstitutional, or he could dismiss the suit and leave the healthcare law intact. The closely-watched case is one of the most challenging threats to the ACA as of late.
Maryland’s actions aim to protect the ACA as is, with the suit arguing the healthcare law is constitutional and that the penalty of $0 does not cause any harm to Americans without insurance coverage. However, overturning the ACA would cause harm to residents of Maryland, Frosh argued in the filing.
The Chesapeake Bay state is also “unsure” if it should continue investments compatible with the healthcare law as a result of the legal dispute.
“Maryland has fundamentally altered its healthcare delivery, healthcare payment, and insurance regulatory schemes in reliance on the provisions of the Affordable Care Act,” Maryland’s lawsuit reads. “These investments are put at risk by the President’s and Attorney General’s pronouncements that they believe the Affordable Care Act’s major market reforms are unconstitutional."
Amy joined TriMed Media as a Senior Writer for HealthExec after covering home care for three years. When not writing about all things healthcare, she fulfills her lifelong dream of becoming a pirate by sailing in regattas and enjoying rum. Fun fact: she sailed 333 miles across Lake Michigan in the Chicago Yacht Club "Race to Mackinac."