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Texas Democratic Leaders Issue Letter Rebutting Abbott Lawsuit

Earlier today, seven Texas Democratic Legislators sent a detailed letter to Texas Republican Attorney General Greg Abbott substantively rebutting his legal claim challenging the historic “Patient Protection and Affordable Care Act” as signed into law today.
Earlier today, seven Texas Democratic Legislators sent a detailed letter to Texas Republican Attorney General Greg Abbott substantively rebutting his legal claim challenging the historic “Patient Protection and Affordable Care Act” as signed into law today.

Texas Democratic legislators, led by Representative Garnet Coleman, who serves on President Obama’s State Legislators for Health Reform Committee, rightfully questioned Abbott’s frivolous lawsuit, his questionable authority to file such a suit and the potential harm his actions could cause millions of Texans.

Besides pointing out the lack of legal reasoning in AG Abbott’s law suit as well as debunking the nullification and secession claims, the letter demands a full accounting from Greg Abbott on the following:

  • “We would also question why you would file a lawsuit that, if successful, would ostensibly result in the reimplementation of the worst practices of the insurance industry. It is disconcerting that you would expend state resources in an attempt to repeal small business tax credits, repeal tax subsidies to middle income families, reinstate the Medicare “donut hole,” allow insurance companies to indiscriminately drop people from their coverage, and prevent Texas from receiving any of the myriad pro-consumer reforms in the legislation.”
  • “While you are free to hold whatever personal view you care to hold, given that Texas state agencies are being asked to cut their budgets by 5 percent, and the Legislature has neither appropriated your office the funds for nor instructed you to pursue such litigation, this action has all the markings of a frivolous lawsuit.”
  • “To our knowledge, the Legislature has not instructed you to institute this suit nor has it specifically appropriated money for the proposed litigation. Please explain what constitutional or statutory provisions authorize you to bring this type of lawsuit.”
  • “Also, please explain how you have obtained the consent of your client, the State of Texas, under the applicable provisions of the Texas Disciplinary Rules of Professional Conduct. Finally, please explain how you intend to pay for the litigation.”

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