Attorney General James’ Statement on Supreme

Court Decision to Not Expedite ACA Case

NEW YORK – New York Attorney General Letitia James today released the following statement after the U.S. Supreme Court announced that it was denying a motion to expedite review of a decision in litigation threatening the Affordable Care Act (ACA):

“While the Supreme Court has said it will not expedite its review, we are still urging the court to hear arguments next term. Day after day, President Trump makes false statements, sends misleading tweets, and spouts outright lies about Obamacare and the many protections the law has provided to millions across the country. Our coalition will never stop fighting against the president’s continued efforts to strip health coverage away from American families, including the 133 million Americans with pre-existing conditions.”

Earlier this month, Attorney General James and a coalition of attorneys general from around the nation filed a motion asking the Supreme Court to expedite its review of a recent decision by the U.S. Court of Appeals for the Fifth Circuit in Texas v. U.S. The decision affirmed a lower court’s ruling that the individual mandate of the Affordable Care Act (ACA) is unconstitutional, yet refused to rule on the validity of the rest of the ACA — calling into question whether the remaining provisions of the statute could still stand, including those that protect and provide coverage to Americans with pre-existing conditions. Because this decision causes uncertainty that may harm the health of millions of Americans — in addition to doctors, clinics, patients, and the healthcare market — Attorney General James and the coalition petitioned the Supreme Court to take up the case and resolve it before the end of the court’s current term in June.

While the Supreme Court has decided not to expedite its review of the states’ petition, it is still reviewing the petition and has not yet determined whether it will grant review and hear arguments next term. Under the Fifth Circuit’s decision, the district court that originally ruled on the case will rehear and reconsider the validity of the rest of the health care reform law.

Important advancements in health care access have been made under the ACA, including:

More than 12 million Americans now receive health coverage through the ACA’s Medicaid expansion;

Nearly nine million individuals nationwide receive tax credits to help subsidize their health insurance coverage through individual marketplaces;

Millions of working families rely on high-quality employer-sponsored health insurance plans;

Important protections prohibit insurers from denying health insurance to the 133 million Americans with pre-existing conditions, like diabetes, cancer, or pregnancy, or from charging individuals higher premiums because of their health status; and

Nearly $1.3 trillion in federal funding has been dedicated to keeping Americans healthy and covered, which includes spending through Medicaid expansion and public health dollars.

And in New York: