PHOENIX - Attorney General Mark Brnovich joined a 20-state coalition urging a federal district court in Texas to hold the Affordable Care Act’s (ACA) individual mandate is unconstitutional and to enjoin the entire law.
The complaint, filed late Monday, explains the ACA, as recently amended, forces an unconstitutional and irrational regime onto the states and their citizens. In NFIB v. Sebelius, the U.S. Supreme Court narrowly upheld the core provision of the ACA - the individual mandate - as a “tax.” However, Congress has recently repealed this tax, while leaving the mandate in place. Since the Supreme Court has already held Congress has no authority to impose such a mandate on Americans, absent invoking its taxing authority, the ACA is now unconstitutional.
Wisconsin Attorney General Brad Schimel and Texas Attorney General Ken Paxton filed the coalition’s brief in a federal district court in Texas. In addition to Arizona, other states participating are Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.
Full copy of the filing.