Nevada is seeking to intervene in a federal lawsuit to defend the Affordable Care Act after a Texas judge declared it unconstitutional. Nevada hopes to join the District of Columbia and 16 other states that have already opposed the decision from the Texas federal court.
In the motion filed on behalf of the State of Nevada, Attorney General Aaron Ford and three other Democratic attorneys general — Phil Weiser of Colorado, Dana Nessel of Michigan and Thomas Miller of Iowa, argue they should be granted permission to intervene because a repeal of the law would cause a “significant disruption” in each of the intervening states.
“The Affordable Care Act provides critical access to health care, particularly for Nevadans with pre-existing conditions,” said Ford in a statement. “With this Texas ruling, the health care of hundreds of thousands of Nevadans hangs in the balance. Governor Sisolak and I will use all legal options to ensure all Nevadans have accessible, affordable health care, including joining this important litigation.”
In December, a federal judge in Texas struck down the ACA, saying the individual coverage mandate is unconstitutional and that the rest of the law must also be repealed. But all provisions in ACA will remain in effect while the case is appealed.
All attorneys general involved in the motion are newly elected and argue that their home states’ “decision to elect attorneys general to protect their interests under the ACA” qualifies them to intervene, adding that millions of people in their states depend on the Affordable Care Act for healthcare.
As stated in the motion, Michigan, Colorado, Nevada, and Iowa “seek to defend the ACA to protect their existing healthcare infrastructure and the orderly operation of their healthcare systems, which would be thrown in disarray if the ACA were ruled unconstitutional.”
Ford filed the motion with the support of and in coordination with Gov. Steve Sisolak, according to the Attorney General’s office.
If successful, Nevada along with Colorado, Iowa and Michigan, would join California, Connecticut, the District of Columbia, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia and Washington in a nationwide lawsuit to defend the Affordable Care Act.