As we head into November, all eyes are on the other Washington. Our state’s health care system will be fundamentally shaped by the next few weeks, as the election proceeds and  Judge Amy Coney Barrett takes a seat on the Supreme Court after yesterday’s rushed confirmation. Against this backdrop, the Supreme Court will hear oral argument on November 10th in California v. Texas, a case challenging the constitutionality of Affordable Care Act (ACA) protections that have extended coverage to over 20 million Americans for the past decade. In a highly unusual stance, the Trump Administration’s Department of Justice will not defend the law, instead choosing to argue alongside the Texas Attorney General against the ACA.

Here at NoHLA, we will be closely monitoring the oral arguments for clues about how the Court may rule. Though NoHLA and state leaders have worked hard to enact ACA protections in state law, a Court decision to strike down the ACA in its entirety would have grave consequences for Washington residents. State officials recently highlighted the potential impact in a letter to the Congressional delegation, including:

• Eliminating coverage for the 625,000 residents who became newly eligible for Medicaid under the ACA;
• Eliminating financial help for 140,000 residents who receive financial assistance through the Exchange; 
• A total loss of over $4.2 billion annually in federal funds that would otherwise help these residents across the state afford care; and
• Loss of comprehensive protections for people with pre-existing conditions – while state law offers some protections, they are not a substitute for the federal version. 

This possibility is unconscionable in the midst of a pandemic that has sickened over 100,000 Washington State residents and claimed the lives of over 2,200 Washington residents. But the ACA has survived constitutional challenges before, and there is a long road before the Court’s final decision. Your voice matters in the outcome: you can lift up why the ACA matters to you by sharing your story with the national nonprofit Families USA here. 

–Emily Brice, NoHLA Senior Attorney & Policy Advisor