Office of the Vermont Attorney General

Vermont Files Motion In Effort To Protect ACA Insureds

December 18, 2018

CONTACT: Ben Battles, Solicitor General, Attorney General’s Office, 802-828-3171

17 Attorneys General File Motion to Clarify Friday’s Ruling on ACA and Allow an Immediate Appeal

Attorney General T.J. Donovan joined a coalition of 17 attorneys general yesterday in filing a motion challenging Friday’s ruling in Texas v. HHS, in which the U.S. District Court for the Northern District of Texas ruled that the Affordable Care Act (ACA) is unconstitutional. The states’ motion requests that the Court make clear the ACA is still the law of the land and will continue to be enforced and implemented by states and the federal government while the case continues. The motion also asks the Court to allow an immediate appeal of Friday’s ruling.

If the ACA ends, millions of Americans are at risk of losing their healthcare. Young adults under the age of 26 will no longer by covered by their parents’ health plans. In addition, 133 million Americans, including kids, who have pre-existing conditions are at risk of losing protections. Further, 12 million Americans in 32 states who received health coverage through Medicaid expansion could also lose their ability to pay for care.

“The statistics are stark,” said Attorney General Donovan. “The District Court’s ruling could jeopardize thousands of Vermonters and millions of Americans’ access to healthcare. We’re asking the Court to clarify the ACA is still the law.” 

This filing is a critical step in challenging Friday’s ruling. The filing requests that the Court clarify its opinion and confirm that the ACA stays in place during the appeals process, or, in the alternative, to grant an immediate stay that requires the federal government, states, and all entities to continue enforcing and implementing the ACA. The motion also requests an immediate appeal of the ruling to the Fifth Circuit Court of Appeals.

A copy of the filing can be found here. The Court is expected to rule on the motion within the next two weeks.

Joining Vermont in the California-led motion are Connecticut, District of Columbia, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Virginia and Washington.

Last modified: December 19, 2018