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Attorney General of Virginia

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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:  
Charlotte Gomer, Press Secretary
Phone: (804)786-1022 
Mobile: (804) 512-2552
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.




~ Coalition of 17 attorneys general move forward with challenge to the district court’s ruling that the ACA is unconstitutional ~

RICHMOND (January 3, 2019) – Attorney General Mark R. Herring today joined a coalition of 17 attorneys general, in filing a notice of appeal in Texas v. U.S., defending the Affordable Care Act (ACA) and the healthcare of millions of Americans. Today's filing moves the legal defense of the ACA to the Fifth Circuit Court of Appeals where Attorney General Herring and his colleagues will appeal the lower court’s ruling that the ACA is unconstitutional. In June, Attorney General Herring intervened to defend against the suit, leaving him and his colleagues to defend Americans’ healthcare after President Trump switched sides and joined with Republican state attorneys general in trying to strike down the law.


“I will not stop until I have done all I can to protect the millions of Virginians who have benefitted from the ACA, which is why I intervened in this lawsuit in the first place,” said Attorney General Herring. “Just the day before yesterday, hundreds of thousands of Virginians gained coverage under Medicaid and this court ruling could rip that coverage away from them. We cannot allow the Trump Administration and Republican lawmakers to continue to play politics with the health of millions of Americans. This notice of appeal is just the next step in making sure Virginians do not lose critical healthcare coverage.”


On December 14, 2018, the district court issued an opinion in Texas v. U.S., ruling that the ACA was unconstitutional but that decision lacked clarity. As a result, Attorney General Herring and his fellow attorneys general filed an expedited motion to continue the legal defense and ensure that the ACA continues to be implemented and enforced nationwide. On December 30, 2018, the district court granted the request to certify the judgement for appeal, and to stay the judgment pending that appeal. Today’s filing continues the coalition’s legal defense of the ACA, with a request to appeal the district court’s December 14 opinion in the Firth Circuit.


Attorney General Herring and the coalition will continue to defend the law against this unfortunate decision that could wreak havoc on the entire American healthcare system and risk lives in every state. Nearly every American could be affected by this attempt to undermine the ACA, including:


  • 133 million Americans, including 17 million kids, with preexisting health conditions.
  • Young adults under 26 years of age, who are covered under a parent’s health plan.
  • Nearly 12 million Americans who received coverage through Medicaid expansion.
  • 12 million seniors who receive a Medicare benefit to afford prescription drugs.
  • Working families who rely on tax credits and employer-sponsored plans to afford insurance. 


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