The group of 17 state attorneys general who stepped in to defend the legislation are pushing Judge Reed O'Connor to clear up any ambiguity and give them a legal basis to file an appeal.
A coalition of Democratic state attorneys general have asked U.S. District Court Judge Reed O'Connor in Fort Worth, Texas, to clarify the sweeping declaratory judgment he issued late Friday calling the entire Affordable Care Act invalid.
The coalition, led by California Attorney General Xavier Becerra, filed a motion Monday to request that O'Connor issue either a stay pending appeal or an order specifying that his ruling didn’t relieve anyone of their duties to uphold the ACA. This clarification would avoid the "extraordinary disruption" that would ensue if the ruling were to take effect suddenly, the coalition argued.
"We're asking the court to make clear that the ACA is still the law and ensure that all Americans can continue to access affordable healthcare under it," Becerra said in a statement.
The filing acknowledged that the Trump administration has said it will continue enforcing the ACA as the appeals process progresses.
The coalition—which intervened in the lawsuit to defend the ACA after the Trump administration abandoned its defense of key provisions in the law, including those that require insurers to cover people with preexisting conditions—requested also that O'Connor enter partial final judgment or certify his decision. That would enable the intervening defendants to appeal.
Without an immediate legal basis for the defendants to appeal, the judicial review process could result in a prolonged period of uncertainty for healthcare industry players and policymakers alike, even if the ACA is ultimately upheld again in part or whole, whether by the Fifth Circuit or Supreme Court.
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O'Connor issued a follow-up procedural order Sunday, directing the parties to propose a schedule for further proceedings at the District Court level. The coalition of 17 state attorneys general asked him to set that plan aside, and they asked that he do so this week.
O'Connor should act on the motion this week to clarify his ruling ahead of New Year's Day, when (according to O'Connor's ruling) the ACA's individual mandate will become unconstitutional in light of Congress zeroing out the tax penalty tied to the mandate, the coalition argued.
The need for action this week is further supported by the prospect of another government shutdown this Friday night, the Democrats said.
Steven Porter is an associate content manager and Strategy editor for HealthLeaders, a Simplify Compliance brand.