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Oregon's Attorney General Responds to Texas Lawsuit Targeting Affordable Care Act

The Texas lawsuit argues that the Republican repeal of the ACA's 'individual mandate' has made the ACA unconstitutional.

Posted: Apr. 10, 2018 2:31 PM
Updated: Apr. 10, 2018 2:35 PM

SALEM, Ore. — Oregon Attorney General Ellen Rosenblum has joined a group of 16 state attorneys general in filing a 'motion to intervene' after a Texas-led coalition sued the U.S. government over the Affordable Care Act (ACA)—colloquially known as Obamacare.

“If successful, the Texas lawsuit will hurt millions of families and children across the country and in Oregon,” said Attorney General Rosenblum. “If we are permitted to intervene, we are prepared to fight this assault on our people and our health care system.”

The lawsuit—filed by Texas' attorney general and joined by 19 other co-signers—argues that the ACA is no longer constitutional, since the Republican tax plan removed the 'individual mandate' from the healthcare system. The individual mandate allowed for tax penalties on Americans who fail to enroll in insurance.

“The U.S. Supreme Court already admitted that an individual mandate without a tax penalty is unconstitutional. With no remaining legitimate basis for the law, it is time that Americans are finally free from the stranglehold of Obamacare, once and for all,” said Texas Attorney General Ken Paxton.

A statement from Rosenblum's office argues that the ACA has not been repealed by the congressional tax break bill, and the ACA's constitutionality has been upheld in previous Supreme Court decisions.

The ACA has survived nearly 70 unsuccessful repeal attempts in Congress since it was passed in 2010, according to Rosenblum's office.

Oregon was joined by the attorney generals of California, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Minnesota, North Carolina, New Jersey, New York, Rhode Island, Virginia, Vermont, Washington, and the District of Columbia.

A copy of the Texas-led lawsuit against the U.S. government can be found below.

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