San Francisco Chronicle

Democratic attorneys general fight Texas health suit

- By Kathleen Ronayne Kathleen Ronayne is an Associated Press writer.

SACRAMENTO — Sixteen Democratic attorneys general pushed back Monday against a Texas lawsuit aimed at striking down former President Barack Obama’s health care overhaul.

California Attorney General Xavier Becerra led 14 other states and the District of Columbia in filing a motion to intervene in the Texas case and defend the law, suggesting the Trump administra­tion wouldn’t take such action.

“We’re taking this action to protect the health and financial security of millions of people in our country, as well as billions of dollars of federal funds that go to our states to make sure that we can afford the health care that our families need,” Becerra said at a news conference.

The motion sets up a battle between Democratic- and Republican-led states, 19 of which joined the Texas case that was filed in February. It argues the Affordable Care Act is no longer valid because of a provision in the Republican-backed tax overhaul that removed fines for not having health insurance.

It also points to a prior effort to dismantle the Affordable Care Act’s individual mandate that went all the way to the U.S. Supreme Court. The high court upheld the mandate, ruling it was constituti­onal under the taxing power of Congress.

Last year’s Republican-led tax overhaul law removed the financial penalty for not purchasing health insurance. The Texas lawsuit argues that by removing the financial penalty, the individual mandate can no longer be considered a tax and is therefore unconstitu­tional.

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

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