UHLC Professor Chandler suggests at healthcare conference that judiciary unlikely to overturn ACA

University of Houston Law Center Professor Seth Chandler

July 13, 2018 — University of Houston Law Center Professor Seth Chandler analyzed some of the intricacies of the Affordable Care Act on Monday at a panel discussion hosted by the American Enterprise Institute in Washington D.C.

The event, titled, "Whiplash: The Affordable Care Act's twisted path through implementation, litigation, and reinterpretation," also included Joel Ario of Manatt Health, Christopher Condeluci of CC Law & Policy, and Timothy Jost, a health law professor at the Washington and Lee University School of Law.

Chandler referenced Texas v. USA, which seeks to declare the entire ACA unconstitutional. Chandler cautioned that the Texas suit is unlikely to succeed.

"That lawsuit is going nowhere," Chandler said. "It is meritless and it rests on a misunderstanding, at best, of severability doctrine. So for those who have their hopes up that, at last, the judiciary will slay the Affordable Care Act, I would remit them to Congress and other avenues to get that done and not think that a court is going to rush in and do so."

Chandler was also critical of a recent decision by a New Mexico judge to strike down a program known as "risk adjustment" under which health insurers that cover higher risk populations within a state receive payments from health insurers who do not. President Trump has recently suspended payments under the program while further legal action proceeds.

Click here to watch the complete panel discussion.

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