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Attorney General Josh Stein Moves to Protect the ACA for North Carolinians

Release date: 12/17/2018

(RALEIGH) Attorney General Josh Stein today filed a motion to prevent disruption to North Carolinians’ healthcare and to challenge Friday’s opinion in Texas v. HHS, which ruled that that the Affordable Care Act (ACA) was unconstitutional.

“Thousands of North Carolinians rely on the Affordable Care Act for their health insurance,” said Attorney General Josh Stein. “Threats to this life-saving law put their health at risk. I will continue this fight in the courts for North Carolinians’ access to healthcare.”

Today’s motion seeks clarification on the impact of Friday’s decision and requests that the judge prevent any confusion about the opinion. The motion requests the court to make clear that the ACA is still the law of the land and will continue to be enforced and implemented by states, the federal government, and entities across the country until an order by the court expressly states otherwise. While the coalition of 17 attorneys general who filed the motion maintains the position that the ACA is the law of the land, Friday’s opinion has caused uncertainty in the nation’s healthcare system that could harm people across the country.

Today’s filing is a critical step in challenging Friday’s opinion. It requests that the court provide clarity on its opinion and confirm that it does not change the status quo. The coalition has asked the court to grant an immediate stay that requires the federal government, states, and all entities to continue enforcing and implementing the ACA or, alternately, to certify the opinion, so that it may be appealed to the Fifth Circuit Court of Appeals immediately.

Attorney General Stein is joined in filing today’s motion by the Attorneys General of California, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

A copy of today’s filing can be found here.

Laura Brewer (919) 716-6484