Three Republicans join Democrats in largely symbolic vote

On January 9, the House voted 235-192 to defend the Affordable Care Act (ACA) in court against a Republican-led lawsuit that threatens to invalidate the law following a December 14 ruling in a Texas district court. The measure authorizes the House counsel to formally intervene in the lawsuit, joining 18 Democratic attorneys general (AGs) defending the law against 20 Republican AGs. Today's standalone vote mirrors language approved last week as part of a sweeping rules package (H.R. 6). Three Republicans joined all the Democrats present in backing the bill: Brian Fitzpatrick (R-PA), John Katko (R-NY) and Tom Reed (R-IL). Republicans panned the vote as a political ploy meant to intensify partisan divisions on health care following an election fueled by health care voters focused on protecting people with pre-existing conditions.

The Department of Justice (DOJ), which opposes House intervention in the lawsuit, is asking the Fifth Circuit Court to pause appeal proceedings in the case due to the ongoing government shutdown. Both DOJ and a group of Democratic AGs last gave notice that they will appeal U.S. District Judge Reed O'Connor's December 14 ruling that the individual mandate is not constitutional without a penalty and therefore the entire ACA is invalid. The Democratic attorneys general maintain the mandate is still legal, but could be severed from the rest of the law regardless. The DOJ, on the other hand, argues the mandate is unconstitutional but only impacts the guarantee issue and community rating provisions of the law. The ruling has been officially stayed and cannot be enforced during appeal.

Newly elected Democratic Governor Tony Evers (WI) also announced on January 9 plans to fulfill a campaign promise to change the state's role in the multi-state lawsuit, which Wisconsin filed to join in February. Evers intends to send a letter later this week to Democratic Attorney General Josh Kaul, who also campaigned on ending Wisconsin's involvement. A new law approved in December by the state legislature mandating state budget committee approval to any changes to the state's role in federal lawsuits may present a challenge, however Evers downplayed his initial concerns.

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