The National Women’s Law Center, with our partners the National Partnership for Women and Families, the Black Women’s Health Imperative, the American Medical Women’s Association, counsel Goodwin Procter, and 77 additional organizations filed an amicus brief to the U.S. Supreme Court supporting California’s defense of the Affordable Care Act in California v. Texas, consolidated with Texas v. California. In this case, a group of states led by Texas is attempting to dismantle the entirety of the ACA by arguing that the ACA’s “individual responsibility provision” was rendered unconstitutional when Congress reduced the tax for not having health insurance to zero as part of tax reform in December 2017. A coalition of states led by California and the U.S. House of Representatives have stepped in to defend the ACA, as the Trump administration has declined to do so. NWLC and its partners previously filed a version of the brief to the U.S. Court of Appeals for the Fifth Circuit.
In our brief, we explain the devastating impact that striking down the ACA would have on women and their families — and particularly on women and families of color. The brief also emphasizes that the COVID-19 pandemic and impending economic recession make the ACA’s protections even more critical for women’s health and economic security. The brief explains how the ACA’s multiple protections against sex discrimination in health care have resulted in improved health outcomes and economic security for women and their families, and that Congress had no intention of discarding these protections when it lowered the tax for the individual responsibility provision in 2017. For more information, here is a blog we wrote about the case and our brief when it was filed at the Fifth Circuit.