Health-Exchange-Alert

The Department of Justice On Friday (Jan. 4), pointing to the ongoing government shutdown, asked a Texas district court to hold off on any briefings on House Democrats’ Thursday (Jan. 3) motion to intervene in the high-profile case over the ACA. DOJ tells the court it opposes the House motion, but will not be able to respond by the Jan. 24 deadline because of the lapse in appropriations.

Two new Democrats have joined the Senate Finance Committee and Sen. Jacky Rosen (D-NV) joined the Senate health committee for the 116th Congress.

The group of Democratic attorneys general intervening to fully defend the Affordable Care Act from the constitutional challenge have formally appealed Texas U.S. District Judge Reed O’Connor’s controversial decision that, if upheld, would strike the entire law.

A federal judge is asking the state of Maryland and the federal government to comment on whether a Texas district court’s move to officially pause the controversial ruling on the Affordable Care Act has an effect on the state’s related case.

Texas federal district Judge Reed O’ Connor stressed in a Dec. 30 ruling that the 17 Democratic attorneys general who are intervening in the high-profile case over the Affordable Care Act are unlikely to win an appeal either on standing or on the merits, but agreed to formally issue a stay of his earlier ruling that shot down the ACA in order to mitigate confusion.

The 17 Democratic attorneys general intervening in the high-profile case over the Affordable Care Act stress in a brief that all parties agree the recent ruling has no immediate impact and the case should quickly move to the appeal stage, and California AG Xavier Becerra, who is spearheading the fight to defend the law, asked Judge Reed O’Connor to rule on their motion by Jan. 1.

The Department of Justice agrees with a group of Democratic attorneys general that U.S. District Judge Reed O’Connor should clarify that his controversial ACA ruling is not final -- and thus has no immediate impact -- or should be stayed pending appeal, while the 20 GOP-led states that filed the case say a clarification is not needed and they won’t seek to enforce the order while it is on appeal.

A federal judge in Maryland is now weighing whether to grant the Department of Justice’s request to dismiss Maryland Attorney General Brian Frosh’s lawsuit asking the court to declare the Affordable Care Act constitutional following oral arguments held Wednesday (Dec. 19).

According to preliminary final tallies of the 2019 Affordable Care Act open enrollment period, 8.5 million people enrolled in federal exchange plans for 2019 compared to 8.8 people at this same time last year.