Attorney General Bob Ferguson joined a “friend of the court” brief Monday opposing a lawsuit that threatens health care coverage gains under the Affordable Care Act.

In a case before the U. S. Court of Appeals for the District of Columbia Circuit, plaintiffs are arguing that the act doesn’t allow the federal government to provide tax credits to people buying health insurance in states participating in the federal insurance exchange established by the act.

The tax credits are crucial for low- and middle-income people to purchase affordable health insurance, Ferguson said.

“This lawsuit threatens access to affordable health insurance in every state, not just those using the federal exchange,” he said. “With an adverse judgment, health coverage for thousands of Washington residents would be in jeopardy.”

If the plaintiffs in Halbig v. Burwell are successful, key provisions of the act could be made unworkable, throwing the future of the act into question, Ferguson said.

Washington created its own exchange, but joined this amicus brief to protect its residents’ access to affordable health insurance, he said.

Attorneys general from 18 states have signed onto brief. They are: Washington, Virginia, Arkansas, California, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Mississippi, New Hampshire, New Mexico, New York, North Carolina, Oregon, Pennsylvania and Vermont.

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