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Commonwealth of Virginia
Office of the Attorney General

Mark Herring
Attorney General

202 North Ninth Street
Richmond, Virginia 23219

 

For media inquiries only, contact:  
Michael Kelly, Director of Communications
Phone: (804)786-5874 
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ATTORNEY GENERAL HERRING AND COALITION OF 17 AGS FILE MOTION TO PREVENT HARM, PROTECT THE ACA, AND DEFEND AMERICANS WITH PREEXISTING CONDITIONS

 

 

RICHMOND (December 17, 2018) —Attorney General Mark R. Herring and a coalition of 17 attorneys general today filed an expedited motion to prevent disruption to Americans’ healthcare and to more quickly challenge Friday’s opinion in Texas v. HHS, which declared the Affordable Care Act (ACA) unconstitutional. Today’s motion seeks clarification on the impact of Friday’s decision and requests that the judge prevent any confusion about the opinion. The motion requests the court to make clear that the ACA is still the law of the land and will continue to be enforced and implemented by states, the federal government, and entities across the country unless and until an order by the court expressly states otherwise. While Attorney General Herring and his colleagues maintain that the ACA is the law of the land, Friday’s opinion has caused uncertainty in the nation’s healthcare system that could harm people across the country.

 

“I’m going to do everything in my power to keep this deeply flawed decision from ever taking effect,” said Attorney General Herring. “The ruling leaves many unanswered questions, which is why we’re moving as quickly as possible to get this in front of an appellate court. If this decision takes effect, millions of Virginians and Americans with preexisting conditions will lose critical protections, Medicaid expansion will be under threat, and millions of Americans will suffer from reduced access and higher costs. The stake are too high to let this decision stand without a fight.”

 

Today’s filing is a critical step in challenging Friday’s opinion. It requests that the court provide clarity on its opinion and confirm that it does not change the status quo. Attorney General Herring has asked the court to grant an immediate stay that requires the federal government, states and all entities to continue enforcing and implementing the ACA or, alternately, to certify the opinion, so that it may be appealed to the Fifth Circuit Court of Appeals immediately.

 

A copy of today's filing can be found here.