FORT WORTH, Texas — The future of the Affordable Care Act could be decided in a Fort Worth courtroom.
In a hearing Wednesday in federal court, U.S. District Court Judge Reed O'Connor heard arguments in a lawsuit that pits Texas and 19 other states against the federal government.
The suit, led by Texas Attorney General Ken Paxton, argues that the ACA, also known as Obamacare, is unconstitutional. The plaintiffs are asking the court for an immediate injunction that would effectively throw out the entire ACA.
"Lawyers for the attorney general's office argued that when Congress enacted President Trump's tax overhaul, it rendered all of Obamacare unconstitutional by doing away with the tax penalty enforcing Obamacare's individual mandate," said Paxton's office in a media release.
In the hours-long hearing Wednesday morning, attorneys from across the country presented their arguments and answered questions from the judge.
While the plaintiffs are requesting an immediate injunction, a Department of Justice attorney asked the court to hold off on ruling until at least mid-December, cautioning that a ruling before open-enrollment could introduce "chaos" in to insurance markets.
While Obamacare was upheld by the U.S. Supreme Court in 2012, the plaintiffs say a key element has changed. The Supreme Court said that the penalty for not buying insurance under an individual mandate amounted to a legal tax, but the plaintiffs argue that when that tax was eliminated by Congress last year, it renders the entire ACA unconstitutional.
A California attorney led the team from the defendant states in court today, arguing that the plaintiffs lack standing and also that severability precedents mean that even if a portion of the ACA is unconstitutional, it does not mean the entire law should be thrown out.