2 Republican AGs Break Rank, Back ACA At 5th Circ.

Law360 (April 1, 2019, 10:37 PM EDT) -- Two GOP attorneys general on Monday broke with their fellow Republicans and urged the Fifth Circuit to reverse a Texas decision that invalidated the Affordable Care Act — a ruling President Donald Trump supports.

While they agree that the ACA’s individual mandate is indeed unconstitutional, the rest of the law can and does function without it, Montana Attorney General Timothy C. Fox and Ohio Attorney General Dave Yost said in their 32-page amicus brief filed Monday.

There is no basis for striking down the entire law, and doing so could prevent millions from obtaining needed health care, the attorneys general said....

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