County of Santa Clara and City of Chicago Lead Broad Coalition to Defend The Affordable Care Act in the Supreme Court
County argues invalidating ACA would threaten local health systems and undermine efforts to curb the COVID-19 pandemic
SANTA CLARA COUNTY, CALIF. (May 13, 2020) — Today, the County of Santa Clara and the City of Chicago led a nationwide coalition of 44 counties, cities, and towns, as well as the California State Association of Counties, in filing an amicus curiae brief with the U.S. Supreme Court in defense of the Affordable Care Act (ACA). The amicus brief urges the Court to overturn a ruling of the Fifth Circuit Court of Appeals declaring the entire ACA invalid and describes the devastating impact that ruling would have on critical health services provided by local governments—including in response to the COVID-19 pandemic.
“Dismantling the ACA in the middle of a pandemic would have dire consequences for vulnerable families and the public health more broadly,” said Santa Clara County Supervisor Susan Ellenberg. “The ACA has allowed the County and many other local governments to improve the quality of healthcare services dramatically, and countless residents have come to rely on healthcare programs built upon the ACA. Undoing the ACA now would endanger these programs and imperil our urgent efforts to address the COVID-19 crisis.”
“The Fifth Circuit’s decision is not only wrong, it is dangerous,” said Santa Clara County Counsel James R. Williams. “Under the ACA, we are able to better serve our communities both in times of wellness and in times of emergency. The aggressive attack on the ACA is legally flawed and would impose extraordinary financial and human costs in the midst of the COVID-19 pandemic. We urge the Supreme Court to follow precedent and allow the ACA’s critical provisions to stand.”
Invalidating the ACA would leave millions more Americans uninsured than if the ACA had never been enacted. Even with the ACA intact, lack of access to healthcare is expected to prolong the pandemic and increase death rates. Unraveling the ACA would exacerbate the situation, leaving local jurisdictions with soaring expenditures just as they are pouring resources into frontline services to fight COVID-19 and protect vulnerable residents.
The amicus brief highlights significant system improvements the ACA allowed local governments to make in caring for their most vulnerable residents. The County of Santa Clara, for example, has reduced wait times for primary care, expanded access to key preventive health services, and significantly decreased the number of emergency department visits. In the middle of the current pandemic, the ACA enables critical funding for COVID-19 testing, public health surveillance efforts, and epidemiological and laboratory resources.
A diverse coalition of local jurisdictions joined the County of Santa Clara, the City of Chicago, and the California State Association of Counties in the amicus brief. Signatories include: Pulaski County, Arkansas; Pima County, Arizona; City of Los Angeles, California; Los Angeles County, California; Marin County, California; Monterey County, California; Oakland, California; Palm Springs, California; San Diego, California; San Francisco, California; Santa Cruz County, California; Santa Cruz County, California; Santa Monica, California; West Hollywood, California; Boulder, Colorado; Middletown, Connecticut; Hallandale, Florida; Cook County, Illinois; Gary, Indiana; Indianapolis, Indiana; LaPorte County, Indiana; Marion County, Indiana; Baltimore, Maryland; Howard County, Maryland; Northampton, Massachusetts; Somerville, Massachusetts; Albuquerque, New Mexico; Santa Fe, New Mexico; Holmes County, Mississippi; Brighton, New York; NYC + NY Health and Hospital System, New York; Carrboro, North Carolina; Durham, North Carolina; Columbus, Ohio; Portland, Oregon; Philadelphia, Pennsylvania; Shelby County, Tennessee; Houston, Texas; Travis County, Texas; Seattle, Washington; King County, Washington; Madison, Wisconsin; and Milwaukee County, Wisconsin.
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About the Santa Clara County Counsel’s Office
The Office of the County Counsel serves as legal counsel to the County, its Board of Supervisors and elected officials, every County department and agency, and the County’s boards and commissions. With a staff of over 200, the Office is also responsible for all civil litigation involving the County and its officers. Through its Social Justice and Impact Litigation Section, the Office litigates high-impact cases, drafts innovative local ordinances, and develops policies and programs to advance social and economic justice.
About the County of Santa Clara, California
The County of Santa Clara government serves a diverse, multi-cultural population of 1.9 million residents in Santa Clara County, California – more populous than 14 states. The County provides essential services to its residents, including public health protection, environmental stewardship, medical services through the County of Santa Clara Health System, child and adult protection services, homelessness prevention and solutions, roads, park services, libraries, emergency response to disasters, protection of minority communities and those under threat, access to a fair criminal justice system, and many other public benefits.
About the Social Justice and Impact Litigation Section
The Social Justice and Impact Litigation Section within the Santa Clara County Counsel’s Office litigates high-impact cases, drafts innovative local ordinances, and develops new policies and programs to advance the County’s goal of achieving social and economic justice for all its residents. The Section also defends the County in select cases with the potential to significantly affect the County’s ability to provide critical safety net services to vulnerable residents. The Section is part of a growing movement to use the power and unique perspective of local government to better serve the community and to drive long-lasting change at the local, state, and national levels.
Posted: May 13, 2020