Texas v. United States: Defending Discrimination


In a pending lawsuit, Texas v. United States, the Trump administration is now arguing that it’s “unconstitutional” to prevent insurance companies from discriminating against people with preexisting conditions. The Department of Justice is not only refusing to defend critical parts of the Affordable Care Act, but it is also actively requesting that the court invalidate the ACA requirements that guarantee coverage for everyone and stop insurers from charging people with disabilities higher costs.

If “guaranteed coverage” is eliminated, millions of Americans may lose their health insurance or no longer be able to afford it for next year. People with disabilities will be required to pay more for their coverage. Moreover, so long as this issue is up in the air, insurers have a strong incentive to raise costs to protect themselves from the uncertainty of the effects of these efforts on the marketplace.

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