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Jan 15, 2020
AARP and AARP Foundation Urge Supreme Court to Accept Review of Affordable Care Act Case

WASHINGTON—AARP and AARP Foundation filed an amicus brief today urging the Supreme Court of the United States to review a case challenging the Patient Protection and Affordable Care Act (ACA). The brief argues that an expedited decision in this case, which is on appeal from the Fifth Circuit, is important to end the prolonged uncertainty and confusion for millions of older adults who risk losing their health care coverage.

“Since 2010, the ACA has helped millions of Americans by expanding access to affordable health care, guaranteeing coverage for people with preexisting conditions, limiting how much insurers can charge older adults for coverage, and lowering out-of-pocket costs for Medicare beneficiaries,” said Nancy LeaMond, AARP Executive Vice President and Chief Advocacy & Engagement Officer. “We’re urging the Supreme Court to promptly review the ACA case and put an end to the needless uncertainty for millions of people who are concerned that they will lose their health coverage and the consumer protections they rely upon.”

According to the brief:

“Most immediately, the decision plunges millions of Americans into an abyss of prolonged uncertainty because they do not know if they will lose access to life-sustaining health care coverage and consumer protections. This prolonged uncertainty is especially grueling for older adults because they have a higher incidence of chronic illnesses and depend heavily on access to health care services.”

“Health insurance is an essential part of people’s lives, especially for those who have chronic illnesses. As a result, they cannot make informed life decisions while the legal viability of the ACA hangs in the balance. Instead, they are stuck waiting for the case to go through potentially years of legal proceedings while constantly fearing they will lose their access to affordable health care.”

“Exacerbating their concerns is the reality that health care stakeholders, including insurance companies and state and local governments, may decide that the prolonged uncertainty impairs their ability to participate in the ACA Marketplaces or other ACA programs.”  

“The Court can end this uncertainty and confusion by granting review of this case. Given the importance of this case to the public, health care stakeholders, and state and local governments, Amici respectfully request that the Court grant the petition for a writ of certiorari and expedite its review of this case.”

Also on the brief are the Center for Medicare Advocacy and Justice in Aging.

Read the full amicus brief here.


About AARP
AARP is the nation’s largest nonprofit, nonpartisan organization dedicated to empowering people 50 and older to choose how they live as they age. With a nationwide presence and nearly 38 million members, AARP strengthens communities and advocates for what matters most to families: health security, financial stability and personal fulfillment. AARP also produces the nation's largest circulation publications: AARP The Magazine and AARP Bulletin. To learn more, visit or follow @AARP and @AARPadvocates on social media.

About AARP Foundation
AARP Foundation works to end senior poverty by helping vulnerable older adults build economic opportunity and social connectedness. As AARP’s charitable affiliate, we serve AARP members and nonmembers alike. Bolstered by vigorous legal advocacy, we spark bold, innovative solutions that foster resilience, strengthen communities and restore hope.

Media Contact: Greg Phillips,, 202-434-2560, @AARPMedia