Mississippi Challenge to ACA Moves Forward, Washington Gets Approval from State Supreme Court to Challenge Law - September 7, 2011

On Aug. 29, U.S. District Judge Keith Starrett of Mississippi denied the Obama administration’s motion to dismiss a lawsuit that challenges part of the Affordable Care Act (ACA) to continue. The lawsuit, originally filed in April 2010, argues that the individual mandate within the ACA would injure citizens. In a separate case, Attorney General Rob McKenna of Washington state was sued by Attorney Pete Holmes of Seattle, who argued that McKenna had overstepped his authority by joining a group of 26 states in challenging the individual mandate in the ACA. Last week, the state Supreme Court ruled that McKenna did have “broad authority” under state statute and that his decision to join the challenge to the ACA was within his rights as attorney general. NAPH will continue to monitor the challenges to the ACA—look to Newsline for updates as these cases are decided across the country.