SALT LAKE CITY — The Utah Attorney General’s Office announced Thursday they have joined a 20-state coalition lawsuit against the federal government, which challenges the constitutionality of the Affordable Care Act.
The lawsuit asserts that tax reform recently passed by Congress eliminates the tax penalty of the ACA’s individual mandate, meaning the ACA is now unlawful.
“Utah has always believed that the ACA was an impermissible overreach of federal authority,” stated Attorney General Sean Reyes. “The Commerce Clause gives Congress the power to regulate commerce but not to compel it. The U.S. Supreme Court defined the individual mandate penalty as a tax which made the ACA constitutional. Because the recent tax reform legislation eliminated that penalty, Obamacare is no longer legally viable. This lawsuit will clear the path for the states and Congress to move forward with solutions that work better for Americans and are in line with constitutional limits on government power. We hope small business, individuals, and families whose costs and premiums increased dramatically due to the ACA can finally get much deserved relief.”
Utah joins 19 other states in the lawsuit: Texas, Wisconsin, Alabama, Arkansas, Arizona, Florida, Georgia, Indiana, Kansas, Louisiana, Maine, Mississippi, Missouri, Nebraska, North Dakota, South Carolina, South Dakota, Tennessee and West Virginia.