The Board of Supervisors braced for a fight over the Affordable Care Act, days after a federal district court decision in Texas v. United States found the landmark law to be invalid. The Board voted to support California Attorney General Xavier Becerra’s efforts to oppose the ruling, and instructed their own lawyers to look into legal action that would appeal the decision, either as a plaintiff or as a friend of the court.
“If you believe, like I do, that healthcare is a right, then this ruling is a step backwards,” Supervisor Mark Ridley-Thomas, the motion’s principal author, said. “The ACA has already withstood relentless legal and political challenges, and I am confident that justice will prevail again and this widely popular law will be upheld. We can’t let political opponents, who have failed multiple times to take down the law through the democratic process, use legal maneuvering to undermine progress.”
Since President Barack Obama signed the ACA in 2010, LA County’s uninsured rate has been cut in half, from 21 percent to 10 percent. More than 1 million residents have gained coverage through the law’s expansion of Medi-Cal – California’s Medicaid program. Several hundred thousand residents have also obtained health insurance through Covered California, the state’s commercial insurance exchange that provides subsidized coverage for individuals and families.
“The ACA has already survived more than 70 repeal attempts in Congress and scrutiny by the Supreme Court,” said Supervisor Hilda Solis, who served as President Obama’s Labor Secretary when the ACA was signed into law. “After eight years of nonstop attacks, repeal votes, and lawsuits, Obamacare is still here, delivering life-saving care to 20 million Americans. Today’s action reaffirms our commitment to ensure health equity and access for every County resident, especially those with preexisting conditions. Last Friday’s ruling clearly shows that Congress must either protect the ACA or produce a credible alternative that provides coverage for those with preexisting conditions and equal access to care for all.”
On Friday, Federal District Court Judge Reed O’Connor ruled that because Congress eliminated the fine for failing to comply with the health insurance mandate specified by the ACA, the mandate is no longer permissible under Congress’s taxing power and therefore unconstitutional. He further concluded that since the individual mandate is “essential” to the ACA, the entire law was invalid. However, because the judge did not enjoin the ACA, the law’s provisions remain in effect nationwide, and the U.S. Department of Health and Human Services has indicated there will be no changes to coverage in the 2019 plans.
Judge O’Connor’s decision has already triggered a widespread backlash, and Attorney General Becerra has declared his intention to challenge the ruling.