A coalition of 21 Democratic AGs will be fighting in a court to save health care for millions of Americans. They are challenging 17 Republican AGs (and one GOP governor) who want to gut critical care for families and communities everywhere.

Last December, a federal judge sided with Trump and his GOP allies declaring the Affordable Care Act unconstitutional. The Democratic AG coalition stepped up immediately to protect our care and on July 9th, the Fifth Circuit Court of Appeals will hear oral arguments.

If the GOP sabotage is successful, nearly 20 Million people could lose their health care coverage.

If the Affordable Care Act is struck down:

  • Protections for 130 million Americans with pre-existing conditions, including 17 million children could disappear. The uninsured rate will increase by 65 percent.
  • Medicaid expansion, which covers 17 million people, would disappear.
  • Nearly 12 million seniors who rely on Medicare to help with drug costs would see prescription drug costs dramatically increase.
  • More than 2.3 million young people under 26 years of age who are covered by their parents’ health plans would no longer have coverage.
  • Women could be charged 50 percent more than men by insurance companies.
  • Resources for rural hospitals will be diminished as cost of care increases in those communities.

According to the Urban Institute, 19.9 million people could lose coverage by repealing the Affordable Care Act, meaning the number of uninsured Americans would increase from 30.4 million to 50.3 million, representing a 65 percent increase in the uninsured rate.

Republican AGs are putting care for more than 130 Million people with a pre-existing condition at risk.

According to a recent analysis by the Center for American Progress, roughly half of nonelderly Americans, or as many as 130 million people, have a pre-existing condition. This includes:

  • 44 million people who have high blood pressure.
  • 45 million people who have behavioral health disorders.
  • 44 million people who have high cholesterol.
  • 34 million people who have asthma and chronic lung disease.
  • 34 million people who have osteoarthritis and other joint disorders.
  • 17 million children, 68 million women, and 30 million people aged 55-64 have a pre-existing condition.


Fact: National polling continues to show that health care is a top issue for voters — and in 2018, health care played a role in the four AG seats that went blue.

  • Polling conducted by Public Policy Polling in May 2019 found 65% of voters support the Affordable Care Act and a majority of voters say they trust Democrats more on the overall issue of health care.
  • A CNN Poll from March 2019 found health care is a top issue voters care about heading into 2020 and “health care’s importance to 2020 voters [is expected to] go up” in the near future.
  • A survey from Gallup in April 2019 identified the “availability and affordability of health care” topped Gallup’s list for a fifth straight year of potentially worrisome issues. This poll found 55% of Americans are worried and the percentage of Americans worried about affordability and accessibility has never dipped below 54% in the last 9 years.
  • A RealClearPolitics poll from May 2019 showed health care is the top issue facing Americans today—with health care polling 10 percent higher than the next most pressing issue.

Fact: There is a stark contrast between Democratic AGs and Republican AGs on health care.

  • The Texas filed the GOP coalition lawsuit to dismantle the ACA in February 2018. By May 2018, California AG Xavier Becerra and 16 Democratic AGs successfully intervened in the federal lawsuit to vigorously defend the ACA and the millions of families across the country who rely on it for affordable care.
  • In addition to Texas, Republican AGs from Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wisconsin and the governor of Mississippi are parties to the lawsuit attempting to dismantle health care.
  • Joining California AG Xavier Becerra to defend the ACA, Democratic AGs from Connecticut, Delaware, Hawai’i, Illinois, Kentucky, Massachusetts, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Virginia, Vermont, Washington, and the District of Columbia successfully intervened in the case.
  • In November 2018, Americans went to polls to elect AGs in more than 30 states including flipping four AG seats (CO, MI, NV, WI) red-to-blue with health care being a top voting issue.
  • In December 2018, a federal judge ruled the Affordable Care Act is unconstitutional, endangering health care coverage for tens of millions of Americans.
  • In February 2019, Colorado AG Phil Weiser, Iowa AG Tom Miller, Michigan AG Dana Nessel, and Nevada AG Aaron Ford joined the Democratic AG coalition defense of the Affordable Care Act. This brought the Democratic coalition appealing the December ruling to 21 Democratic AGs.
  • Less than 3 months after the Democratic AG coalition filed their appeal, Republican AGs in Montana and Ohio broke with their GOP AG colleagues and filed an amicus brief asking that the court to only invalidate the individual mandate and leave the rest of the ACA.
  • On July 9, 2019, the Fifth Circuit Court of Appeals will hear oral arguments in Texas vs. US.

FACT: Five of the states with Republican AGs suing to gut health care have AG elections this cycle (2019-2020):

  1. Louisiana (2019)
  2. Indiana
  3. Missouri
  4. Utah
  5. West Virginia

FACT: Five of the states with Democratic AGs defending Americans health care have AG elections this cycle (2019 – 2020):

  1. Kentucky (2019)
  2. North Carolina
  3. Oregon
  4. Vermont
  5. Washington