what 12 democratic state's attorney general's filed appeals regarding obamacare december 2018

by Dr. Maye Dietrich I 3 min read

How many states filed a lawsuit against Obamacare?

California v. Eighteen states—along with two individuals—filed a lawsuit in February 2018 arguing that, because federal lawmakers reduced the mandate's “shared responsibility payment” to $0 through the 2017 Tax Cuts and Jobs Act, the individual mandate is unconstitutional.

What happened to the ACA in 2018?

A group of Democratic attorneys general led by California intervened to defend the law in court given the Trump Administration's refusal to do so. The district court judge ruled in favor of the plaintiff states and invalidated the entire ACA in December 2018 but stayed the decision.

Who voted for Obamacare in Congress?

The bill passed with support of the majority of Democrats, together with one Republican who voted only after the necessary 218 votes had already been cast. Thirty-nine Democrats voted against the bill. All members of the House voted, and none voted "present".

Which US Supreme Court case determined the constitutionality of the Affordable Care Act?

SUPREME COURT OF THE UNITED STATES CALIFORNIA ET AL. v. TEXAS ET AL. The Patient Protection and Affordable Care Act as enacted in 2010 re- quired most Americans to obtain minimum essential health insurance coverage and imposed a monetary penalty upon most individuals who failed to do so.

Who opposed the Affordable Care Act?

Republican congressmen, governors, and Republican candidates have consistently opposed the ACA and have vowed to repeal it.

Is Trumpcare passed?

The American Health Care Act of 2017 (often shortened to the AHCA or nicknamed Trumpcare) was a bill in the 115th United States Congress. The bill, which was passed by the United States House of Representatives but not by the United States Senate, would have partially repealed the Affordable Care Act (ACA).

Who voted to repeal Obamacare?

The Senate voted 50–50, largely along party lines with the Republicans for and the Democrats against proceeding, requiring Vice President Pence to cast the tie-breaking vote. Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska crossed the aisle to vote against the motion.

How many times has ACA been challenged?

Twenty-eight states filed joint or individual lawsuits (including 26 states engaged in a joint action) to strike down the ACA's individual mandate.

What committees worked on the Affordable Care Act?

FACT: The ACA had a historic number of hours of debate and amendments during Committee development of the legislations. The House process spanned three committees – Energy and Commerce, Ways and means, and Education and Labor – with dozens of hearings over many months.

How does Obamacare violate the Constitution?

Congress exceeded its Constitutional power by including an "individual mandate" to buy health insurance. The Medicaid expansion provision was unconstitutionally coercive. The law's employer mandates interfered with state sovereignty.

Can state laws violate the Constitution?

State or local laws held to be preempted by federal law are void not because they contravene any provision of the Constitution, but rather because they conflict with a federal statute or treaty, and through operation of the Supremacy Clause.

How did the Supreme Court approve the ACA as constitutionally legal?

In 2012, the Supreme Court upheld the mandate as a constitutional exercise of Congress' taxing powers, reasoning, in part, that the mandate could be read as an option to maintain health insurance or pay a tax because the penalty for not complying produced revenue for the government and had other attributes of a tax.

Was the Affordable Care Act repealed in 2018?

This bill repeals the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010. The repeal is effective on January 1, 2020.

What mandate in the ACA was repealed by the tax Act 2018?

The U.S. Supreme Court ruled that the mandate was constitutional in 2012, but in December 2017, Congress passed the Tax Cuts and Jobs Act, which eliminated the individual mandate penalty, effective January 1, 2019.

How has the ACA changed in the past 5 years?

Thanks to the Affordable Care Act, the uninsured rate for young Americans has declined by more than 40 percent over the past five years. Since 2010, more than 5 million young adults have gained coverage. This includes 2.3 million young adults who have gained coverage by being able to stay on their parent's health plan.

When did the Affordable Care Act go into effect?

The law was enacted in two parts: The Patient Protection and Affordable Care Act was signed into law on March 23, 2010 and was amended by the Health Care and Education Reconciliation Act on March 30, 2010. For More Information: Read the Full Law.

Election dates

The following table details 2022 attorney general filing deadlines and primary dates in each state. The signature filing deadline was the date by which candidates had to file nominating signatures with election officials in order to have their name placed on the ballot.

Seats up for election

There are 16 Democratic-held attorney general offices and 14 Republican-held attorney general offices on the ballot in 2022. The table below shows which states are holding attorney general elections in 2022.

News and conflicts in the 2022 Democratic attorney general primaries

The following are reprinted from Ballotpedia's The Heart of the Primaries newsletter, which captures stories related to conflicts within each major party.

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