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Attorney General of Virginia

Defending Virginians Healthcare

In order to protect Virginians’ healthcare, Attorney General Herring intervened to defend the Affordable Care Act (ACA) in a lawsuit that could potentially eliminate the ACA and remove protections for Americans with pre-existing conditions. Attorney General Herring intervened in the lawsuit after President Trump announced that he would not defend the ACA and joined with Republican state attorneys general in trying to strike down the law. When a district court judge in Texas issued a decision in December 2018 finding the ACA to be unconstitutional, Attorney General Herring and his colleagues immediately appealed to the U.S. Court of Appeals for the Fifth Circuit.


“This politically motivated lawsuit has forced Americans to live in the constant fear that their healthcare could be ripped away from them at any time, driving up healthcare costs for everyone, and taking away all protections for preexisting conditions,” said Attorney General Herring. “Millions of Virginians rely on the Affordable Care Act for quality, affordable healthcare and I will not stop fighting to protect their healthcare from these reckless, dangerous attacks.”


If you believe you have been unfairly denied coverage, email This email address is being protected from spambots. You need JavaScript enabled to view it. or call 804-786-2071.


If the Trump Administration and its allies are successful in eliminating the ACA:

  • 642,000 Virginians could lose their health coverage, leading to a 96% increase in the uninsured rate in the Commonwealth
  • The 3,441,400 Virginians who have pre-existing conditions would lose their protections and insurance companies would be able to deny or drop coverage and charge more for those pre-existing conditions
  • 289,081 Virginians in the marketplace would have to pay more for their coverage
  • 109,517 Virginia seniors could have to pay more for their prescription drugs
  • Insurance companies would be allowed to discriminate against women by charging them higher premiums
  • $1.15 billion in tax credits that helped 335,000 Virginians afford insurance in 2017 would be ended
  • Funding from our nation’s public health system would be stripped, including work to combat the opioid epidemic
  • Billions in federal aid for health care would be stripped, including $458 million in FY 2019 and $1.9 billion in FY 2020


Striking down the Affordable Care Act would affect nearly every American, including:

  • 133 million Americans, including 17 million kids, with preexisting health conditions
  • Young adults under 26 years of age, who are covered under a parent’s health plan
  • More than 12 million Americans who received coverage through Medicaid expansion
  • 12 million seniors who receive a Medicare benefit to afford prescription drugs
  • Working families who rely on tax credits and employer-sponsored plans to afford insurance


Press Releases:

April 9, 2018 – Attorney General Herring Defends Virginians’ Healthcare against Latest Legal Attack

June 8, 2018 – Attorney General Herring Steps in to Defend the Affordable Care Act and Virginians’ Healthcare

December 15, 2018 – Statement of Attorney General Mark Herring on a Texas Federal District Court Ruling that Found the Affordable Care Act Unconstitutional

December 17, 2018 – Attorney General Herring Files Motion to Prevent Harm, Protect the Aca, and Defend Americans with Preexisting Conditions


July 9, 2019 – Attorney General Herring Continues to Defend Virginians’ Healthcare against Trump Administration’s Dangerous Lawsuit

March 25, 2019 - Attorney General Herring Continues to Defend the Affordable Care Act in Court

January 3, 2020 – Attorney General Herring Asks Supreme Court to Review ACA Repeal Case

March 2, 2020 – Attorney General Herring Vows to Fight for Virginians’ Health Care in Supreme Court

March 23, 2020 – Attorney General Herring Continues to Defend Virginians’ Healthcare, Affordable Care Act

May 6, 2020 - Attorney General Herring Continues Fight for Virginian’s Healthcare in Supreme Court


For more information about Attorney General Herring's work to protect the Affordable Care Act and Virginians' healthcare, please email This email address is being protected from spambots. You need JavaScript enabled to view it..