CALIFORNIA AND OTHER INTERVENOR STATES APPEAL COURT'S DECISION FINDING THE AFFORDABLE CARE ACT UNCONSTITUTIONAL TO THE FIFTH CIRCUIT COURT OF APPEALS

            On January 3, 2019, California, sixteen other states, and the District of Columbia appealed District Court Judge Reed O’Conner’s decision finding the Affordable Care Act (ACA) unconstitutional to the Fifth Circuit Court of Appeals. In a press release announcing the appeal, California Attorney General Xavier Becerra stated: “Our goal is simple: to stand up for the law of the land – the Affordable Care Act – in order to keep healthcare affordable and accessible for millions of Americans.” 

            The decision finding the ACA unconstitutional has been stayed pending appeal by order dated December 30, 2018. The case, and the ultimate fate of the ACA, is likely to be decided by the United States Supreme Court. 

           For Whatley Kallas, LLP’s earlier article on Judge O’Conner’s stay order, click here.