The Trump Administration's Attack on the ACA: Reversal in Court Case Threatens Health Care for Millions of Americans

CHAIRMAN CUMMINGS'OPENING STATEMENT

BACKGROUND AND PURPOSE

On March 25, 2019, the Department of Justice (DOJ) announced in a letter filed with the U.S. Court of Appeals that it would no longer defend any part of the ACA in the Texas v. United States litigation. According to public reporting, this decision was driven by individuals inside the White House and the Office of Management and Budget (OMB)—including Acting OMB Director Russ Vought—and made over the objections of Attorney General William Barr and Health and Human Services (HHS) Secretary Alex Azar.1 On April 8, 2019, Chairman Elijah E. Cummings and four other Chairmen wrote to HHS, DOJ, and the White House requesting information about this decision.2 They reiterated their requests on May 13, 2019, and asked that Acting OMB Director Russ Vought be made available for a transcribed interview.3 On June 28, 2019, the White House responded to the Committees’ letters, but failed to produce any responsive documents.4 On June 26, 2019, Chairman Cummings invited Acting OMB Director Vought to testify at the present hearing. 5 OMB declined the Chairman’s invitation on July 3, 2019. The purpose of the hearing is to examine the Administration’s decision to reverse its position in Texas v. United States and assert that the entire health care law should be struck down, as well as the impact this reversal could have on millions of Americans—including those with pre-existing conditions—and the United States health care system.