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Indiana AG Joins 19 Other States In Court Challenge To Obamacare

Repeal Obamacare
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Indiana鈥檚 Attorney General Curtis Hill is one of 20 state officials lobbing a new attack at the Affordable Care Act.

If successful, the lawsuit could mean thefor Indiana鈥檚 Medicaid expansion, which is funded through the Affordable Care Act.

A , filed Monday in a Texas district court, argues the individual mandate 鈥� and thus the entire law 鈥� is unconstitutional, thanks to new tax laws.

Late last year, Congress  for not obeying the mandate, which requires all U.S. residents buy health insurance.

In 2012, the Supreme Court upheld the Affordable Care Act in another legal case. NFIB v. Sebeliusruled the insurance requirement was considered a tax and could be enforced by the federal government. The plaintiffs in the new lawsuit argue because the penalty has been repealed, the individual mandate cannot be considered a 鈥渢ax鈥� and thus renders the ACA unconstitutional.

鈥淸The Affordable Care Act], as recently amended, forces an unconstitutional and irrational regime onto the States and their citizens,鈥� reads the lawsuit. 鈥淓ven though Congress sought to do something unconstitutional in enacting the mandate under the Commerce Clause, the Supreme Court salvaged its handiwork as a lawful exercise of the taxing power.鈥�

The Constitution鈥檚 Commerce Clause gives the federal government the right to regulate cross-state business dealings. Conservatives  of the Clause as a clear example of government overreach, especially with relation to the Affordable Care Act.

Like Indiana, 19 of the 20 states bringing the lawsuit have Republican governors.

Hill, a Republican, has long been an Affordable Care Act opponent. During his campaign, he called the law a 鈥渃lear representation of governmental overreach鈥� and criticized its policies as short-sighted and expensive.

Affordable Care Act advocates called the lawsuit a politically motivated effort by Hill to appease Republican voters.

Repealing the Affordable Care Act 鈥渨ould once again allow insurers to discriminate against Hoosiers with pre-existing conditions, re-impose lifetime limits on Hoosiers鈥� coverage, charge Indiana women more for coverage, impose an age tax on older Hoosiers, and kick young adult Hoosiers under the age of 26 off family coverage,鈥� said Brad Woodhouse, campaign director of Protect Our Care, a pro-Obamacare advocacy organization, in a press release.

Approximately 250,000 Hoosiers gained health coverage through the Healthy Indiana Plan, which expanded Indiana Medicaid to low-income Hoosiers.

This story was produced by a reporting collaborative focused on public health. 

Editor's note: The original version of the story stated the lawsuit was being brought by 20 state attorneys general. In fact, is is being brought by 18 attorneys general and two governors, in Maine and Mississippi.

Copyright 2021 Side Effects Public Media. To see more, visit .

Producer Sarah Fentem comes to Side Effects after covering health policy for the Indiana Public Broadcasting regional news collaborative.