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Attorney General James Joins Multistate Coalition to Appeal ACA Ruling

January 7th, 2019

The new Attorney General has joined a coalition of 17 state attorneys general in filing a notice of appeal in the Texas v. U.S. case, which ruled that the Affordable Care Act (ACA) is unconstitutional.The ruling was based on the elimination of the individual mandate as part of the Tax Cuts and Jobs Act of 2017, which was originally upheld as a valid exercise of the federal taxing power. In the absence of the tax penalty, the mandate was held to be no longer constitutional. The ruling also held that the individual mandate could not be severed from the remaining provisions of the ACA, resulting in the entire ACA being unconstitutional.

After joining the coalition defending the ACA, AG James was quoted:

“Healthcare is a right, not a privilege. This litigation that seeks to strip away the healthcare that millions of Americans depend on is irresponsible and harmful. New York will continue to work with this coalition to safeguard access to healthcare for all Americans.