Trump administration may seek a stay if federal appeals court invalidates ACA
Posted on: 10/11/19
The Washington Post (Oct. 6, Cunningham, Abutaleb) reported the Trump administration “plans to seek a stay if a federal appeals court invalidates all or part of the Affordable Care Act in the coming weeks.” The article said the Trump administration has “no viable plan for replacing critical health benefits for millions of Americans,” so they “may try to delay a potential Supreme Court hearing on the matter until after the 2020 presidential election, according to current and former administration officials.”
As we have reported earlier, on July 9, the Fifth Circuit Court of Appeals heard oral arguments in the case of Texas v. Azar, a suit brought by 16 state attorneys general and endorsed by President Trump’s administration that marks the latest legal challenge to the ACA. This is the litigation that OHA and 25 other hospital associations joined in an Amicus brief. The hearing is an appeal of a 2018 decision by Texas District Court Judge Reed O’Connor, who determined that the ACA is unconstitutional now that Congress has rolled back the penalty requiring everyone who did not carry health insurance to pay a fine. (Sandra Harrison)