Health Care

House Files to Intervene in Texas Health Law Case

Chamber will vote for similar action next week as well

Lawyers for the House announced on Friday they had filed a motion to intervene in the lawsuit brought by conservative state attorneys general targeting the 2010 health care law.

The motion comes after the House voted Thursday night on a part of its rules package, which included authorization for the House to join the lawsuit, Texas v. U.S.

A federal judge ruled last month the entire health law should fall after Congress ended the penalty for not having insurance coverage and Democratic attorneys general defending the law on Thursday filed a motion to appeal the ruling.

“On Day One of the new Congress, the new Democratic House took action to protect people with pre-existing conditions and all Americans’ health care,” Speaker Nancy Pelosi of California said in a statement. “The Affordable Care Act and all its life-saving protections are the law of the land. While the Administration refuses to meet its responsibilities to defend the laws, the House of Representatives is acting to uphold the constitutionality of this law and protect the health care of every American.”

The House’s filing argues that Congress has the authority to defend federal laws when a federal agency does not. The Justice Department declined to defend the part of the law protecting coverage for people with pre-existing conditions.

The judge stayed the ruling pending appeals.

House General Counsel Douglas Letter is representing the House along with co-counsels Donald B. Verrilli Jr., the former solicitor general who argued on behalf of the Obama administration in the National Federation of Independent Business v. Sebelius that upheld the law, and Brianne Gorod, chief counsel of the Constitutional Accountability Center. 

The House is set to vote on Jan. 9 on a standalone resolution to intervene in the lawsuit by freshman Rep. Colin Allred, D-Texas, Pelosi spokesman Henry Connolly said on Twitter. That resolution would be similar to Title III of the Democratic rules package detailing the authorization to intervene in the case.

More from Health Care

Health Care
July 15, 2024

RELEASE: Rejecting Oklahoma’s Attempt to Distort and Weaponize the Spending Clause Against Reproductive Rights, Tenth Circuit Affirms Federal Government’s Authority to Require Non-Directive Counseling and Referral for Abortion Under Title X.

WASHINGTON, DC – Following today’s decision from the Tenth Circuit in Oklahoma v. United States...
By: Miriam Becker-Cohen
Health Care
June 27, 2024

RELEASE: Supreme Court’s Decision in EMTALA Cases Is “Too Little, Too Late”

WASHINGTON, DC – Following today’s decision at the Supreme Court in Moyle v. United States...
By: Miriam Becker-Cohen
Health Care
U.S. Court of Appeals for the Tenth Circuit

Oklahoma v. United States Department of Health and Human Services

In Oklahoma v. United States Department of Health and Human Services, the United States Court of Appeals for the Tenth Circuit considered whether Title X reproductive healthcare clinics in Oklahoma can defy the federal requirement...
Health Care
April 24, 2024

RELEASE: Justices Grapple with Scope and Effect of Conflict Between EMTALA and Idaho’s Near-Total Abortion Ban

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Idaho v....
By: Miriam Becker-Cohen
Health Care
U.S. Court of Appeals for the Ninth Circuit

Idaho v. United States

In Idaho v. United States, the Ninth Circuit is considering whether EMTALA, a federal law requiring hospitals to provide stabilizing treatment to patients experiencing medical emergencies, preempts Idaho’s near-total abortion ban in situations where abortion...
Health Care
September 13, 2022

RELEASE: Text and History Support President Biden’s COVID-19 Federal Employee Vaccine Policy

WASHINGTON, DC – Following oral argument this morning in the U.S. Court of Appeals for...
By: Smita Ghosh