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October 26, 2020
Re: Urgent request to consider Florida’s withdrawal as a Plaintiff in California v. Texas. Dear Attorney General Moody, We are writing to urgently and respectfully request that you withdraw as a Plaintiff from California v. Texas,[i] a case that your office inherited from Florida’s prior Attorney General, Pam Bondi. Legal scholars, including those who had opposed the Affordable Care Act (ACA) and who supported prior ACA legal challenges, have found the arguments in this case are utterly lacking in merit. A range of experts has characterized the plaintiffs' arguments as “absurd, ludicrous, flimsy and far-fetched.”[ii] But, notwithstanding the lack of any legal merit, the case is now scheduled for oral argument before the Supreme Court on November 10, 2020. Given that one possible outcome would be a ruling limited to the current Plaintiff states, the need for Florida’s withdrawal is all the more urgent.[iii] Our plea is made in light of the potentially devastating consequences that could flow from the Court’s ruling. The timing could not be worse, as Floridians continue to battle COVID-19, as well as the economic devastation of the shut-down. Any ruling that results in the weakening or repeal of the ACA would further undermine the health and wellbeing of millions of Floridians already suffering due to the ongoing COVID-19 pandemic. The undersigned organizations and individuals are dedicated to ensuring access to affordable health care, particularly for Florida’s most vulnerable residents. We bear witness to the hardship and devastation wrought by the ongoing COVID-19 crisis. We are also acutely aware of the positive impact that the ACA has had on the lives of millions of Floridians and the potentially catastrophic consequences of this legal challenge. Since the implementation of the ACA in 2010, Florida has seen a dramatic reduction in its uninsured population.[iv] Florida leads the nation in health insurance enrollment under the ACA, with over 1.9 million Floridians signed up as of January this year.[v] In October of this year, the Urban Institute estimated that a repeal of the ACA would lead to a 57% increase in the share of nonelderly Floridians without health insurance coverage.[vi] After the pandemic, the Economic Policy Institute reported that 867,110 Floridians lost employer provided health insurance (EPHI).[vii] A repeal of the ACA would both prevent these newly uninsured Floridians from accessing much-needed subsidized coverage, as well as eliminate coverage for the almost 2 million Florida residents who were enrolled in a plan as of January 2020.[viii] In the face of historic joblessness, depriving newly unemployed and uninsured Floridians of the necessary safety net provided through ACA marketplace subsidies would be a grave mistake. In the coming months, the ACA will play a crucial role in Florida’s ability to manage the COVID-19 crisis. With or without a vaccine, it is imperative that the maximum number of Floridians have access to affordable treatment. From a public health standpoint, an increase in Florida’s uninsured population would be disastrous, as the uninsured often avoid seeking necessary medical attention.[ix] The repeal of the ACA in the midst of the COVID-19 crisis would also be devastating for Florida’s aging population. The ACA’s prohibition of discrimination based on preexisting conditions and age are especially important.[x],[xi] If the ACA were to be repealed, an estimated 8.4 million Floridians with pre-existing conditions could face higher premiums, benefit exclusions, or even outright denial of coverage.[xii] The COVID-19 crisis has completely upended the conditions and premises under which Florida entered the lawsuit. Therefore, we, the undersigned, respectfully urge you to act in the interests of Floridians by withdrawing from California v. Texas. Sincerely, Organizations: Florida Health Justice Project Florida Policy Institute Florida Voices for Health 1199SEIU Florida UHE Advocacy Partners Team AFSCME Americans for Immigrant Justice Catalyst Miami Central Florida Jobs with Justice Children’s Services Council of Broward County Community Justice Project Disability Rights Florida Florida Alliance for Retired Americans (FLARA) Florida Center for Fiscal and Economic Policy Florida Clinicians for Climate Action Florida Immigrant Coalition Florida Impact to End Hunger Florida NOW Hispanic Unity of Florida Huddle in the Harbor, Inc. La Gringa Aplatanada, Inc. League of Women Voters of the Space Coast League of Women Voters of Florida Legal Aid Service of Broward County, Inc. LULAC Florida Lupus and Allied Diseases Association, Inc. Miami Freedom Project Miami Workers Center National Association of Social Workers - Florida Chapter National Lawyers Guild South Florida Chapter Opportunity For All Floridians Organize Florida South Florida LCLAA Southern Legal Counsel St. Johns County Legal Aid The Common Ground Project TransSOCIAL, Inc. Individuals: Abbe Hurwitz Alec Rodriguez Alison Yager Ana Ciereszko Analise Alvarez Andres Rodriguez Angie Fisher Ann Murray Antonela Peña Ashley Mayfaire Ashley Vazquez Barbara J Prager Ben Trotto Bernard Perlmutter Beth Babcock Beth Hovind Blanca Mesa Brian Larson Brittney Peterkin Carol Mager Carol Peckins Caroline Bettinger-Lopez Chelsea Dunn Christine Reilly Claudia Evans Claudia Ramirez, MSW Cody Ibasfalean Connie Alter Connor Torraca Daniela Camacho Daniela Foerch Daniella Pacitti David B. Soule David Lawrence Jr. Deborah Snow Deborah White Diane Dimperio Dr. Wayne Stephens Edouard Jallad Eileen Petrovic Elissa Ghezzar Emely Sanchez Emily Maser Emily Swafford Ernesto Gomez Estefania Lalinde Ethel Sultana Andrews Eugene Eccli Felicia Bruce Felina Furer Francisco Rivera Frank Roder Fred Elig Frederick Anderson Gabriel Scheffler Gaby Gross Gale Chisholm Gideon Levy Gustavo Granados Haley Coet Harriet Lancaster Carol A. Anderson Islara Souto Jack Rosenkranz Jane Trocheck Walker Janet R. McAliley Janice Poirier Jay Jefferson Jeanette L. Hartzell Jennifer Hill Jerry Buechler Jodi Ray Johanna Salazar John Raucci John Streater JoNel Newman JoNell Potter Joni Silvestri Joshua Epstein Judith Walters Judy Schrader Jules Catuogno July Reed Karen Cheney Karen Woodall Kathleen Arntsen Kevin J Byrne Krisite-Anne Padron Lanelle Phillmon Larri Thatcher Larsen McBride Laura Begault Lawrence Clermont Linda Ward Lindsay Corrales Linet Paz Lisa Carpus Louisa McQueeney Madelyn Ferguson Maja Veselinovic Maria Lipnick Marian F. Griffiths MD Marilyn Grossman Marni Lennon Martha Guillen Martin Lucia Mary E. McLaughlin, PhD, PA-C Melanie Rosler Melissa Lipnick Melissa Swain Mercedes Pichard, Ed.D. Mina Hosseini Miriam Dickson Miriam Harmatz Moraly Arroyo Morgan Mayfaire Most Rev William R Cavins Murdina Campbell Nan Imbesi Nancy Cooper Nancy Kinnally Natalia Tohme Natalie K Castellanos Nydia Menendez O. Stryker Oneika Peterkin Paige Peterkin Pamela Thomas Patricia Brigham Paul Nathanson Preston Drummer Rebekah Richard K. MacMaster Richard Owen Richard Polangin Robert E. Rosen Robert Walters Rosa Castro Feinberg, Ph. D. Samantha Howell, Esq. Sandra Munson Sara Gallo Sarah Nelson Sheila Payne Shenae Samuels Sofia Santiesteban Stephen A. Meleski Steve Sampier Susan McCullough Susanne Zwingel Suzanne Rodriguez Sylvia Byrx Tamar Ezer Tammy D. Greer Tarik Mokhtech Tomica Smith Tyrus Fleetwood Valory Greenfield Vilma N Fry Vincent J. Lipsio Virginia Chirelli Walter T. Cermak Whitney Fung Winnie Perez Zoraida Maldonado Download PDF [i] No. 19-840, https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-840.html. The case has been consolidated with Texas v. California, No. 19-1019, https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-1019.html. [ii] Suit Challenging ACA Legally Suspect but Threatens Loss of Coverage for Tens of Millions, Center on Budget and Policy Priorities, (August 21, 2020), https://www.cbpp.org/research/health/suit-challenging-aca-legally-suspect-but-threatens-loss-of-coverage-for-tens-of. (Summarizing legal merits of the case from experts on both side of the aisle. “Legal experts, including experts opposed to the ACA and who supported other legal challenges to the law, almost uniformly agree that the arguments in this case are “absurd” or “ludicrous”.” Two Republican state attorneys general (from Montana and Ohio) submitted an amicus brief stating, “to describe [the District Court’s position] is to refute it.” Republican Senator Lamar Alexander has called the Administration’s position that the 2017 tax bill effectively repealed the ACA “flimsy” and “as far-fetched as any I’ve ever heard.”). [iii] MaryBeth Musumeci,, Explaining Texas v. U.S.: A Guide to the Case Challenging the ACA, Kaiser Family Foundation, (September 1, 2020), https://www.kff.org/health-reform/issue-brief/explaining-texas-v-u-s-a-guide-to-the-case-challenging-the-aca/, (citing to the 5th Circuit’s slip opinion directing the trial court to consider the federal government’s new argument that any order prohibiting enforcement of the ACA should extend only to provisions that injure Plaintiffs and that the ruling only apply to the Plaintiff states) (emphasis added). [iv] Effect of the Affordable Care Act in Florida, Ballotpedia, (Accessed October 9, 2020), https://ballotpedia.org/Effect_of_the_Affordable_Care_Act_in_Florida. [v]Justine Griffin,, Obamacare Demand Remains High in Florida as Enrollment Nears 2 Million, Tampa Bay Times, (January 14, 2020), https://www.tampabay.com/news/health/2020/01/14/obamacare-demand-remains-high-in-florida-as-enrollment-nears-2-million/. See also Marketplace Enrollment 2014-2020, Kaiser Family Foundation, (Accessed October 12, 2020), https://www.kff.org/health-reform/state-indicator/marketplace-enrollment/?currentTimeframe=0&selectedRows=%7B%22states%22:%7B%22florida%22:%7B%7D%7D%7D&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D. [vi] Linda J Blumberg, Michael Simpson, Matthew Buettgens, Jessica Banthin, and John Holahan, The Potential Effects of a Supreme Court Decision to Overturn the Affordable Care Act: Updated Estimates, Urban Institute, (October 2020), https://www.urban.org/sites/default/files/publication/103072/the-potential-effects-of-a-supreme-court-decision-to-overturn-the-affordable-care-act-updated-estimates_01.pdf. [vii] Ben Zipperer, Josh Bivens, 16.2 million workers have likely lost employer-provided health insurance since the coronavirus shock began, Economic Policy Institute (May 14, 2020), https://www.epi.org/blog/16-2-million-workers-have-likely-lost-employer-provided-health-insurance-since-the-coronavirus-shock-began/, at Figure A. [viii] Justine Griffin,, Obamacare Demand Remains High in Florida as Enrollment Nears 2 Million, Tampa Bay Times, (January 14, 2020), https://www.tampabay.com/news/health/2020/01/14/obamacare-demand-remains-high-in-florida-as-enrollment-nears-2-million/. See also Marketplace Enrollment 2014-2020, Kaiser Family Foundation, (Accessed October 12, 2020), https://www.kff.org/health-reform/state-indicator/marketplace-enrollment/?currentTimeframe=0&selectedRows=%7B%22states%22:%7B%22florida%22:%7B%7D%7D%7D&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D. [ix] Jennifer Tolbert, What Issues Will Uninsured People Face with Testing and Treatment for COVID-19?, Kaiser Family Foundation, (March 16, 2020), https://www.kff.org/coronavirus-covid-19/fact-sheet/what-issues-will-uninsured-people-face-with-testing-and-treatment-for-covid-19/. [x] How the ACA is Helping Older Adults During COVID-19, Justice in Aging, (June 25, 2020), https://www.justiceinaging.org/wp-content/uploads/2020/06/How-the-ACA-is-Helping-the-Older-Adults-Most-Impacted-by-the-COVID19-Pandemic.pdf. [xi] Nicole Rapfogel, Emily Gee, and Mathew Brady, Affordable Care Act Repeal by State, Center for American Progress, (March 2, 202), https://www.americanprogress.org/issues/healthcare/news/2020/03/02/480997/affordable-care-act-repeal-state/. [xii] Id. Comments are closed.
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