Virginia AG Mark Herring on ACA Supreme Court Brief: “Trump and his Republican allies are playing politics with American lives”

RICHMOND (June 26, 2020) – Attorney General Mark R. Herring released the below statement following the Trump Administration’s brief that was filed late last night asking the Supreme Court to strike down the Affordable Care Act:

“The Trump Administration has made it no secret that they want to get rid of the Affordable Care Act, but asking the Supreme Court to strike it down while we are in the middle of a deadly pandemic and a burgeoning recession is incredibly reckless,” said Attorney General Herring. “Millions of Virginians, especially those with preexisting conditions, depend on the ACA for affordable healthcare and the Trump Administration intends to rip that away from them, with absolutely no replacement plan.

“Trump and his Republican allies are playing politics with American lives and don’t seem to have any regard for the pain and fear their actions are causing. I intervened in this case to defend the ACA because Virginians need access to affordable healthcare and I will continue that fight against these dangerous, callous attacks.”

In order to protect Virginians’ healthcare, Attorney General Herring intervened to defend the Affordable Care Act (ACA) in a lawsuit that could potentially eliminate the ACA and remove protections for Americans with pre-existing conditions. Attorney General Herring intervened in the lawsuit after President Trump announced that he would not defend the ACA and joined with Republican state attorneys general in trying to strike down the law. When a district court judge in Texas issued a decision in December 2018 finding the ACA to be unconstitutional, Attorney General Herring and his colleagues immediately appealed to the U.S. Court of Appeals for the Fifth Circuit.

If the Trump Administration and its allies are successful in eliminating the ACA:

• 642,000 Virginians could lose their health coverage, leading to a 96% increase in the uninsured rate in the Commonwealth
• The 3,441,400 Virginians who have pre-existing conditions would lose their protections and insurance companies would be able to deny or drop coverage and charge more for those pre-existing conditions
• 289,081 Virginians in the marketplace would have to pay more for their coverage
• 109,517 Virginia seniors could have to pay more for their prescription drugs
• Insurance companies would be allowed to discriminate against women by charging them higher premiums
• $1.15 billion in tax credits that helped 335,000 Virginians afford insurance in 2017 would be ended
• Funding from our nation’s public health system would be stripped, including work to combat the opioid epidemic
• Billions in federal aid for health care would be stripped, including $458 million in FY 2019 and $1.9 billion in FY 2020

Striking down the Affordable Care Act would affect nearly every American, including:

• 133 million Americans, including 17 million kids, with preexisting health conditions
• Young adults under 26 years of age, who are covered under a parent’s health plan
• More than 12 million Americans who received coverage through Medicaid expansion
• 12 million seniors who receive a Medicare benefit to afford prescription drugs
• Working families who rely on tax credits and employer-sponsored plans to afford insurance