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Issue Brief
April 2019

Amici Curiae Brief of Families USA, Community Catalyst, The National Health Law Program, The Center on Budget and Policy Priorities, and Service Employees International Union Supporting Intervenor Defendants-Appellants and Reversal of the District Court

Families USA filed an amicus brief in the Texas v. US case that threatens the entire Affordable Care Act, on appeal in the US Court of Appeals of the Fifth Circuit. Cosigners of the amicus include the Center on Budget and Policy Priorities, Community Catalyst, the National Health Law Program and the Service Employees International Union (SEIU).

Texas v. the United States is a suit led by the state of Texas, with 18 Republican state attorneys general, a governor, and two individuals, challenging the entire Affordable Care Act. They argue that because the individual mandate penalty has been set at $0, the Affordable Care Act should be struck down. The US Department of Justice, in an unprecedented move, has decided not to defend the law. In December, Judge O’Connor of the Northern District of Texas ruled to overturn the law. The case is now on appeal in the US Court of Appeals of the Fifth Circuit.  A coalition of 21 attorneys general, led by California, and the US House of Representatives are defending the Affordable Care Act.

Our brief explains the devastating effect that striking down the Affordable Care Act would have on the nation’s health care system, and the disproportionate harm that would befall the nation’s low-income population.

  • More than 12 million low-income citizens could lose health care if Medicaid expansion was eliminated;
  • Additionally, more than 8 million people in the non-group market could lose health insurance coverage that they gained under the Affordable Care Act;
  • Insurance would no longer be required to meet basic standards that protect consumers, such as protections for people with pre-existing conditions and benefit protections; and
  • People would lose access to health care.