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Iowa AG joins petition seeking Supreme Court review of ACA ruling

By: - January 7, 2020 5:15 am

Iowa Attorney General Tom Miller is joining a multi-state petition requesting the U.S. Supreme Court to review the constitutionality of the Affordable Care Act, according to a news release from his office.

Headshot of Tom Miller
Tom Miller is Iowa’s 33rd attorney general.

Miller is joining the nationwide request from 20 other governors and attorneys general to review the Fifth Circuit Court of Appeals’ decision on Dec. 18 that upheld the ACA’s individual mandate as unconstitutional. The decision also questioned other portions of the act, including requiring coverage of pre-existing conditions, according to the release.

Iowa intervened in the case in February 2019 to support the ACA. 

“For the last decade, the Affordable Care Act has become an integral part of our health care system,” Miller said in a statement. “The Fifth Circuit’s decision causes uncertainty that may harm the health of millions of Americans, as well as doctors, clinics, patients, and the health care market.”  

In May, Iowa Gov. Kim Reynolds vetoed a measure that would have required Miller to request permission from her, the executive council or the Legislature to join lawsuits that started outside of the state. The bill was passed by the Legislature in an attempt to stop Miller from joining lawsuits that challenged the Trump administration’s policies, according to Radio Iowa. 

Following an agreement with Reynolds, Miller said he would ask permission from her before joining other nationwide lawsuits, according to Radio Iowa. But the Attorney General’s Office said it first intervened in this case in February 2019 — before the agreement with the governor — so that pact doesn’t apply.

The newest petition requests the court take on the case before the end of its term in June.

Editor’s note: This story has been updated to correct a reference to Gov. Kim Reynolds’ agreement with Attorney General Tom Miller on national lawsuits.

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