Press Releases

Attorney General William Tong

05/06/2020

Attorney General Tong Joins Coalition of 20 States and the District of Columbia Defending the ACA in U.S. Supreme Court

(Hartford, CT) -- Attorney General William Tong today joined 21 attorneys general filing a brief in the U.S. Supreme Court defending the Affordable Care Act (ACA) against efforts by the Trump Administration and the state of Texas to repeal the law and imperil the healthcare of tens of millions of Americans. The Supreme Court agreed to review a recent Fifth Circuit decision that held the ACA’s individual mandate unconstitutional and called into question whether the remaining provisions of the law could still stand—jeopardizing Medicaid expansion, critical public health programs that help fight COVID-19, and subsidies that help working families access care, among countless others. The decision threatens healthcare coverage protections for 133 million Americans with pre-existing conditions, and would allow health insurance companies to deny individuals care or charge more based on their health status.

“Cancer survivors shouldn’t have to pay more for health insurance. Diabetics shouldn’t be denied coverage. Young adults should get to stay on their parents’ plans. These aren’t radical or partisan ideas. This is common sense, supported by the law and the vast majority of Americans,” said Attorney General Tong. “We are in court fighting for millions of Americans whose healthcare hangs in the balance. We cannot dismantle our healthcare system, particularly in the midst of a pandemic.”

The lawsuit, originally filed by a Texas-led coalition, and later supported by the Trump Administration, argued that Congress rendered the ACA’s individual mandate unconstitutional when it reduced the penalty for forgoing coverage to $0. They further argued that the rest of the ACA should be held invalid as a result of that change. Connecticut joined a California-led coalition defending the ACA. While the Fifth Circuit held that the individual mandate is unconstitutional, it sidestepped the further question as to the validity of the ACA’s remaining provisions. Attorney General Tong joined in petitioning the Supreme Court for review in order to protect Americans’ healthcare and resolve the uncertainty created by the Fifth Circuit decision.

In today’s filing, the coalition makes clear that patients, doctors, hospitals, employers, workers, states, pharmaceutical companies and more will be negatively impacted if the ACA should fall. The brief also highlights important advancements in healthcare access made under the ACA, including:

• More than 12 million Americans receiving coverage through Medicaid expansion;
• Nearly 9 million individuals nationwide receiving tax credits to help afford health insurance coverage through individual marketplaces;
• Millions of working families relying on high-quality, employer-sponsored insurance plans;
• Important protections prohibiting 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 being dedicated to keeping Americans healthy and covered, including Medicaid expansion and public health dollars.

In Connecticut alone, 250,000 residents have benefited from the expansion of Medicaid. Thousands of young adults under the age of 26 have health insurance through their parents' plans. Nearly half a million residents with pre-existing conditions have health coverage as a result of ACA protections.

In defending the ACA, Attorney General Tong joined the attorneys general of California, Colorado, Delaware, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Minnesota (by and through its Department of Commerce), Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, as well as the Governor of Kentucky.

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Elizabeth Benton
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