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Appeals Court Hears Arguments to Strike Down the ACA

July 10, 2019 / Stephen Miller

On July 9, the 5th Circuit Court of Appeals in New Orleans heard arguments in Texas v. United States, a lawsuit seeking to overturn the Affordable Care Act (ACA). The suit was brought by 20 Republican state attorneys generals and governors, with the Trump administration adding its support. A coalition of 21 Democratic attorneys general and the Democrat-controlled House of Representatives are defending the law. This case was heard by a three-judge panel, with one judge appointed by President Jimmy Carter, one by President George W. Bush and one by President Donald Trump. The Democrats are appealing a December 2018 ruling by Judge Reed O'Connor of the federal district court in Fort Worth. He ruled that when Congress eliminated the "individual mandate" tax penalty on people without ACA-compliant health coverage, it removed the constitutional premise for the entire law, which was based on Congress' tax power. O'Connor struck down the ACA but stayed his ruling pending ...