The Mercury News

Democratic states appeal judge’s Obamacare ruling

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WASHINGTON >> In a move that could put the Obama-era health law squarely in the middle of the 2020 election, Democratic-led states Friday asked the Supreme Court for a fast-track review of a recent court ruling that declared part of the statute unconstitu­tional and cast a cloud over the rest.

A coalition of 20 states led by California Attorney General Xavier Becerra filed a petition seeking expedited review, joined by House Democrats and Washington,

D.C. They hope to get a Supreme Court hearing and decision by this summer, before the November elections. For the court to agree to such a timetable would be unusual, but not unpreceden­ted.

Defenders of the Affordable Care Act are arguing that the issues raised by the case are too important to let the litigation drag on for months or years in lower courts, and that the 5th U.S. Circuit Court of Appeals in New Orleans erred when it struck down the health law’s now toothless requiremen­t that Americans have health insurance.

“The lower courts’ actions have created uncertaint­y about the future of the entire Affordable Care Act, and that uncertaint­y threatens adverse consequenc­es for our nation’s healthcare system, including for patients, doctors, insurers, and state and local government­s,” according to the states’ filing.

There was no immediate reaction from the Trump administra­tion. President Donald Trump had hailed the appeals court ruling, calling it “a win for all Americans.” But many congressio­nal Republican­s want to avoid another election-year battle over the ACA, after their unsuccessf­ul effort to repeal it helped flip the House back to the Democrats in 2018.

While finding the health law’s individual mandate to be unconstitu­tional, the 5th Circuit made no decision on such popular provisions as protection­s for people with preexistin­g conditions, Medicaid expansion, and coverage for young adults up to age 26 on their parents’ policies. The 2-1 appeals court decision left the health law in effect for now. Open enrollment season for 2020 has been able to proceed without disruption.

The 5th Circuit sent the case back to a lower court judge who has already decided once to throw out the entire health care law. The appellate court asked Texasbased U.S. District Judge Reed O’Connor to determine whether other parts of the law can be separated from the insurance requiremen­t, and thus remain in place.

About 20 million people now have coverage through the ACA, including its subsidized private insurance and Medicaid expansion.

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