May 13, 2020
Coalition argues invalidating ACA would threaten local health systems and undermine efforts to curb the COVID-19 pandemic
The City of New York today joined a nationwide coalition of 44 local governments in filing an amicus brief with the U.S. Supreme Court in defense of the Affordable Care Act (ACA). The brief urges the Court to reject the broad attack on the ACA. As described in the brief, invalidating the ACA would devastate critical health services provided by local governments—including in response to the COVID-19 pandemic.
Corporation Counsel James E. Johnson said: “The ACA enables our cities to deliver cost-effective healthcare to millions in need of preventive care as well as treatment for pre-existing conditions. If the Court invalidated the ACA, the financial burden of providing these services will be shifted to already overburdened local healthcare systems. During the current pandemic, this could be catastrophic for public hospitals trying to beat back this virus and for the most vulnerable in our communities. The ACA is built on a solid legal foundation, and the City of New York is committed to defending against the longstanding campaign to dismantle one of our nation’s most important and effective health laws.”
The brief urges the Court to overturn a ruling of the Fifth Circuit Court of Appeals declaring the ACA’s individual mandate invalid. The mandate imposed a financial penalty on people who did not obtain insurance. Congress eliminated the penalty. According to the brief, invalidating the ACA would leave millions more Americans uninsured than if the ACA had never been enacted. The brief highlights significant system improvements the ACA allowed local governments to make in caring for their most vulnerable residents. The ACA has helped reduce wait times for primary care, expanded access to key preventive health services, and significantly decreased the number of emergency department visits. In the middle of the current pandemic, the ACA enables critical funding for COVID-19 testing, public health surveillance efforts, and epidemiological and laboratory resources.
The County of Santa Clara led the coalition in filing the brief.
Signatories: Pulaski County, Arkansas; Pima County, Arizona; City of Los Angeles, California; Los Angeles County, California; Marin County, California; Monterey County, California; Oakland, California; Palm Springs, California; San Diego, California; San Francisco, California; Santa Cruz County, California; Santa Cruz County, California; Santa Monica, California; West Hollywood, California; Boulder, Colorado; Middletown, Connecticut; Hallandale, Florida; Chicago, Illinois; Cook County, Illinois; Gary, Indiana; Indianapolis, Indiana; LaPorte County, Indiana; Marion County, Indiana; Baltimore, Maryland; Howard County, Maryland; Northampton, Massachusetts; Somerville, Massachusetts; Albuquerque, New Mexico; Santa Fe, New Mexico; Holmes County, Mississippi; Brighton, New York; NYC + NY Health and Hospital System, New York; Carrboro, North Carolina; Durham, North Carolina; Columbus, Ohio; Portland, Oregon; Philadelphia, Pennsylvania; Shelby County, Tennessee; Houston, Texas; Travis County, Texas; Seattle, Washington; King County, Washington; Madison, Wisconsin; Milwaukee County, Wisconsin; and the California State Association of Counties.
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