Judge dismisses Maryland lawsuit to protect ACA: No evidence 'sky is falling'

A federal judge has dismissed Maryland's legal efforts to protect the ACA, according to The Baltimore Sun.

Maryland Attorney General Brian Frosh in December filed a lawsuit after a Texas ruling on the health law.

Mr. Frosh asked U.S. District Judge Ellen Hollander in Baltimore to declare the ACA constitutional. However, Judge Hollander ruled that Maryland did not have grounds to pursue the case because there wasn't firm evidence of impending harm to the ACA, the Sun reported.

"The state's allegations do not create a plausible inference of a substantial or certainly impending risk that the Trump administration will cease enforcement of part or all of the ACA," she wrote. "In effect, the state proclaims that the sky is falling. But, falling acorns, even several of them, do not amount to a falling sky."

Maryland can refile the lawsuit if it gets firmer legal standing.

Mr. Frosh filed the lawsuit after U.S. District Judge Reed O'Connor of Texas ruled that the ACA is unconstitutional since Congress eliminated the tax penalty associated with the law's individual mandate requiring people to have health insurance.

The Texas ruling has been stayed pending appeal.

 

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