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Illinois Attorney General Lisa Madigan
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June 8, 2018


Chicago — Attorney General Lisa Madigan, along with 16 other attorneys general, opposed a motion by the state of Texas and 18 other states in Texas et al. v. United States et al., for a preliminary injunction to halt operation of the Affordable Care Act (ACA) nationwide. The latest move by the plaintiffs in the Texas-led lawsuit would end the ACA, threatening health care coverage for 20 million Americans – including more than 1 million enrolled in Illinois’ exchange and Medicaid expansion programs – and divert billions of dollars in funding for critical healthcare programs and services nationwide.

“The federal administration is trying to illegally deprive millions of Americans of health care coverage,” Madigan said. “I will continue defending the Affordable Care Act to protect the benefits many Illinois residents rely on for health care coverage.”

The Texas lawsuit alleges that the individual mandate under the ACA is unconstitutional. Madigan and the coalition refute this claim, noting that the ACA and its individual mandate have already survived review by the U.S. Supreme Court twice and over 70 unsuccessful repeal attempts in Congress, including the latest attempt in the Republican tax bill.

If successful, Texas’ preliminary injunction would harm millions of Americans by:

  • Stopping Medicaid expansion;
  • Ending tax credits that help working families afford insurance;
  • Allowing insurance companies to deny coverage to people with pre-existing conditions;
  • Taking away seniors’ prescription drug discounts; and
  • Stripping funding from our nation’s public health system, including work to combat the opioid epidemic

Yesterday, the federal administration informed the court that it will not defend pre-existing condition protections and recommended that pre-existing condition protections and other requirements of the Affordable Care Act be invalidated.

On February 28, Texas filed the lawsuit to dismantle the ACA in the U.S. District Court for the Northern District of Texas, Fort Worth Division, and was joined by 19 other states. On April 9, Madigan and 16 other attorneys general sought to intervene in the federal lawsuit to vigorously defend the ACA and protect the millions of families across the country who rely on it for affordable health care coverage. The motion to intervene was granted on May 16, and the coalition is now fighting for the ACA and opposing Texas’ attempt to derail it.

In total, Americans living in the states that successfully intervened could lose half a trillion dollars in healthcare funding.

Joining Madigan in opposition are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Hawai'i, Kentucky, Massachusetts, Minnesota by and through its Department of Commerce, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia and Washington.


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