Urgent Request to Consider Florida’s withdrawal as a Plaintiff in California v. Texas

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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

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[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), Link here.

[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), Link here.

[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.