She and the other GOP appointee, Judge Kurt Engelhardt, named by President Trump past year, repeatedly noted that the law was written without an explicit feature guaranteeing that if one part were ever removed by Congress or the courts, the rest would remain in place. United States litigation supported by the Trump administration and Republicans to eliminate the Affordable Care Act (ACA), U.S. Senators Tom Udall and Martin Heinrich joined Senate and House Democrats on the steps of the U.S. Capitol to highlight the stories of New Mexico families who would be hurt if the Trump administration and Republicans succeed in their effort to overturn the ACA and strip away protections for people with pre-existing conditions.
Legal analysts see three possible outcomes in the appeals case: the court could affirm the lower court ruling, striking down the individual mandate and the entire ACA as unconstitutional; it could invalidate the mandate alone and sever it from the rest of the law, leaving much of the ACA in place; or it could leave the law functioning as-is. But ending the ACA would also create chaos in other parts of the health care system that were directly or indirectly changed under the law's multitude of provisions - including calorie counts on menus, a pathway for approval of generic copies of expensive biologic drugs and, perhaps most important politically, protections for people who have preexisting conditions. When Congress wiped out that penalty in 2017, Republican states sued, arguing that the ACA could not survive because the mandate was no longer a lawful tax. In a previous amicus brief, filed in the district court, the AMA and four other medical societies argued that the Texas-led coalition lacks standing in the lawsuit because they could only provide "vague, speculative claims" of indirect harm.
Federal North Texas District Judge Reed O'Connor agreed with the plaintiff states in a ruling issued last December.
The three appellate judges - two appointed by Republican presidents and one by a Democrat - will consider the arguments on July 9.
Mr. McConnell has said there is "no point in pushing the panic button" over the Obamacare lawsuit, either, because the case must take its long course through the courts. Those states argue that, because Congress zeroed out the tax penalty used as enforcement of the individual mandate in December 2017, the entire ACA is unconstitutional.
Pro-ACA groups warned of the peril to consumers if the law were struck down.
The mandate compelled healthy people to buy insurance to offset sicker patients' costs after Obamacare barred insurers from denying coverage to people with pre-existing conditions.
Because of the Administration's decision, Ferguson, 15 states and the District of Columbia filed a motion to intervene in the case on the side of the federal government to defend the ACA. Engelhardt questioned whether the judiciary should be "taxidermist for every legislative big-game accomplishment that Congress achieves".
Douglas Letter, general counsel for the House, replied to the judge, "You can not and should not draw any meaning from the fact Congress has not done any additional legislating" on the ACA.
Numerous points and counterpoints laid out at the hearing have been part of the case since it began.
And the same month, in a federal court in Maryland, lawyers at the Justice Department highlighted the stability of the marketplaces, or exchanges as they are sometimes called. Congressional Democrats jumped into the case alongside the blue states, led by California, to oppose 18 red states, led by Texas.
"Our argument is simple", Becerra said in a written statement released Friday.
Asked by Elrod to elaborate, Flentje did not.
"That raises complicated issues, and we are appreciative of the existence of the stay until there's a final ruling", Flentje said.
In an unusual break with tradition, the Trump administration announced about a year ago that it would not defend the ACA in court.
Even though the tax penalty is now $0, Letter argued, the choice people had still exists: buy insurance or don't.