Led by Wisconsin Attorney General Brad Schimel and Texas Attorney General Ken Paxton, a coalition of 20 states have filed a lawsuit against the federal government over the Affordable Care Act (ACA). The lawsuit urges the federal district court to rule the ACA unconstitutional and enjoin the operation of the entire law.
Congress repealed the tax penalty, yet left in place the ACA’s individual mandate in the federal tax reform bill in December. The AGs’ brief argues that the remaining mandate, without the tax penalty, violates the Commerce Clause of the U.S. Constitution, and Congress does not have the constitutional authority to compel citizens to purchase health insurance. The brief further argues that the ACA does not function without the individual mandate, so the law should not be enforced.
The 20 states have filed the lawsuit in the U.S. District Court in the Northern District of Texas against the federal Department of Health and Human Services and the Internal Revenue Service and their respective leaders.