Statement on Texas v. Azar Ruling

FOR IMMEDIATE RELEASE: December 17, 2018
FOR MORE INFORMATION: Jeff Van Ness, (202) 204-7515;


WASHINGTON—ACAP Chief Executive Officer Margaret A. Murray today issued the following statement on the recent ruling in the matter of Texas v. Azar that declared the Affordable Care Act to be unconstitutional:

“We vigorously disagree the ruling’s content and scope.

“Despite the uncertainty the judge’s decision injected into the waning days of open enrollment, our member Safety Net Health Plans which serve the Marketplace have, like the rest of the country, continued to enroll members in Marketplace plans and are prepared to serve them in 2019. We echo others inside and outside the Administration urging all who have the eligibility and opportunity to sign up for Marketplace plans to continue doing so.

“This ruling is especially troubling for the 16 million people who have found coverage through the expansion of Medicaid. At a time when our country is confronting a massive opioid crisis, this ruling would effectively unravel access to treatment for people who live with substance use disorder at a time when the opioid crisis continues unabated, thanks to it stopping Federal funding for Medicaid expansion.

“The most unfortunate thing about this ruling is that the Pottery Barn principle – you break it, you buy it – doesn’t apply. It’s the millions of people who stand to lose coverage who would ultimately foot the bill.

“We look forward to the appeal of this decision. We will be watching closely.”

About ACAP
ACAP represents 64 not-for-profit Safety Net Health Plans in 29 states, which collectively serve more than 22 million people enrolled in Medicaid, Medicare, the Children’s Health Insurance Program (CHIP), and other public health programs. For more information, visit

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