“Another example of the Trump Administration’s intent to undermine access to health insurance for millions of people with disabilities”

Washington, DC – Yesterday, the U.S. Department of Justice announced that it will refuse to defend the Affordable Care Act (ACA) in a lawsuit brought challenging the constitutionality of the law by the state of Texas. In a legal filing, administration officials said that key parts of the Affordable Care Act should be invalidated. 

 “The actions of the Department of Justice are another example of the Trump Administration’s intent to undermine access to health insurance for millions of people with disabilities by dismantling the Affordable Care Act. It exposes the Administration’s intent to eliminate critical protections for people with pre-existing conditions who benefit from provisions in the law that assure access to affordable health insurance.

“The ongoing attempts to dismantle this law highlight a disturbing disregard, by the Trump Administration, for the needs of people with disabilities who rely on the Affordable Care Act for their health and wellbeing. The Arc remains steadfast in our commitment to advocate and protect this law and the benefits it provides for people with intellectual and developmental disabilities,” said Peter V. Berns, CEO of The Arc. 

The Department of Justice is responding to a lawsuit filed by the state of Texas and several other states in federal district court in February 2018 seeking to invalidate the ACA as unconstitutional in light of the passage of the Tax Cuts and Jobs Act of 2017. While the Administration’s response did not go as far as the claims in the Texas lawsuit, it is a rare response for the Department of Justice to not defend an existing law.

 The Arc submitted a declaration in support of a Motion to Intervene in Texas v. United States filed by California Attorney General Xavier Becerra and joined by 16 other attorneys general. The State of California and 16 other states seek to enter the lawsuit to defend the ACA. In its declaration, The Arc noted that it views the ACA “as critical for people with I/DD and their families in providing benefits, supports, and civil rights protections that help make community living possible.”

The Arc advocates for and serves people with intellectual and developmental disabilities (I/DD), including Down syndrome, autism, Fetal Alcohol Spectrum Disorders, cerebral palsy and other diagnoses. The Arc has a network of nearly 650 chapters across the country promoting and protecting the human rights of people with I/DD and actively supporting their full inclusion and participation in the community throughout their lifetimes and without regard to diagnosis.