Wisconsin Department of Justice
Press Release

AG Schimel and Texas AG File 20-State Injunction Against Obamacare

In February, the same 20-state coalition filed a lawsuit that argues the ACA, as recently amended, forces an unconstitutional and irrational regime onto the states and their citizens.

By - Apr 26th, 2018 04:35 pm

MADISON, Wis. – Wisconsin Attorney General Brad Schimel and Texas Attorney General Ken Paxton filed a motion today seeking a preliminary injunction against the federal government’s Affordable Care Act. Attorneys General Schimel and Paxton are leading a 20-state coalition in this effort to undo the harmful effects of Obamacare.

“Obamacare’s irrational design wreaks havoc on health insurance markets,” said Attorney General Schimel. “Obamacare causes premiums to rise and coverage to fall, forcing Wisconsin and other states to take extreme, costly measures to protect their citizens’ health and pocketbooks. I bring this challenge to Obamacare because, as Wisconsin’s attorney general, I swore to uphold the rule of law and protect our state from overreaching and harmful actions from the federal government.”

In February, the same 20-state coalition filed a lawsuit that argues the ACA, as recently amended, forces an unconstitutional and irrational regime onto the states and their citizens. In NFIB v. Sebelius, the U.S. Supreme Court narrowly upheld the core provision of the ACA—the individual mandate—as a “tax.” However, Congress has recently repealed this tax, while leaving the mandate in place. Since the Supreme Court has already held that Congress has no authority to impose such a mandate on Americans, absent invoking its taxing authority, the ACA is now unconstitutional.

In the motion for a preliminary injunction that was filed today, Attorney General Schimel told the U.S. District Court for the Northern District of Texas that an injunction against Obamacare is necessary to spare the people of Wisconsin and the other states from the enormous financial burden caused by the individual mandate. Before Obamacare, “the states allowed individuals to determine whether to buy health insurance, established high-risk insurance pools to help individuals in ill-health, enabled cost-sharing, and instituted many other policies that Obamacare now preempts or functionally preempts,” the coalition wrote.

Wisconsin and Texas filed the coalition’s complaint in a federal district court in Texas. Other states participating are Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.

Relevant court filings are attached.

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One thought on “AG Schimel and Texas AG File 20-State Injunction Against Obamacare”

  1. Terry says:

    Pathetic! Absolutely PATHETIC! Haven’t Walker and Republicans (all living it up with great taxpayer subsidized health care) sabotaged and stolen millions of American’s health care already? I guess not! Here comes Schimel to sabotage and steal even more! Then they can turn around and say “see it isn’t working.” Working just fone in states that didn’t sabotage it like IDIOTS republicans have at every chance they could. Republicans have turned Wsconsin into a toilet and a laughing stock for the rest of the country. I hope these pathetic charlatans enjoy their great taxpayer subsidized Big Government health care. Come November these vile hypocrites and empathy deprived liars and schemers are going to have to get real jobs for once. Career Politician Walker has been mooching for 28 years straight. Time for him and all these other health care stealing, granny starving Republican con-men to go! Big Blue Wave is coming!!

    Dump Walker
    Dump Schimel
    Dump ALL Republicans in November!

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