States file suit; request court to declare ACA unconstitutional

Judge gavel, scales of justice and law books in court

Texas and Wisconsin are leading a coalition of 20 states, including South Dakota, in a lawsuit filed against the federal government claiming that the Affordable Care Act (ACA) is no longer constitutional after the repeal late last year of the individual mandate requirement that people have health insurance or pay a fine.

The lawsuit, which was filed in U.S. District Court in the Northern District of Texas, claims that the U.S. Supreme Court has previously said the individual mandate without a tax penalty is unconstitutional.

The 20 states named as plaintiffs in the lawsuit include: Texas, Wisconsin, Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee, Utah and West Virginia.