Maryland AG Frosh seeks to preserve Affordable Care Act and opposes acting U.S. attorney general’s involvement

Dec. 19--The Maryland attorney general's office is seeking to preserve its suit sustaining the Affordable Care Act while challenging the legality of Matthew Whitaker's appointment as acting U.S. attorney general.

U.S. District Judge Ellen Hollander scheduled a hearing in the case for Wednesday morning in Baltimore.

The suit seeks a declaration that the Affordable Care Act -- once known as Obamacare -- is constitutional, and it aims to uphold provisions protecting people with pre-existing medical conditions when they seek insurance.

A Texas judge ruled Friday that the health care law is unconstitutional. U.S. District Judge Reed O'Connor ruled that the law could not legally stand once Congress eliminated the penalty in 2017 for people who don't carry health insurance.

The White House said the law remains in effect while the case is appealed. But a number of states have asked O'Connor for clarity about the immediate effect of his ruling, and have requested a stay.

The Trump administration has argued that Maryland lacks standing to sue and that the case " is a transparent attempt to vindicate Maryland's policy interests."

But Maryland argued in a brief on Tuesday that O'Connor's decision reinforces the state's standing by demonstrating the nature of the threat against future enforcement of the act.

As part of its suit, Maryland Attorney General Brian Frosh maintains that that the selection of Whitaker -- who has not been confirmed by the Senate -- is "illegal and unconstitutional" and that Deputy U.S. Attorney General Rod Rosenstein should be acting attorney general.

Whitaker's appointment is being challenged in multiple court cases. He was named to the post after the ouster of Jeff Sessions last month.

In a brief filed Tuesday, Frosh said the Texas case made it more imperative to remove Whitaker before he can become involved in the Trump administration's decisions about the health care law.

"Although Defendants have previously tried to cast doubt on the extent of Mr. Whitaker's involvement in matters relevant to this litigation, they cannot plausibly deny that he will play a material role in the formulation of the Government's response to the Texas order, with inevitable effects on this case," Frosh wrote.

President Donald Trump recently named former attorney general William P. Barr to again head the Justice Department. His confirmation hearing won't occur until early January.

Frosh has taken on the Trump administration on many fronts, including a suit contending the president has violated the Constitution's emoluments clause by profiting from foreign officials bringing their business to Trump's hotel in Washington. Among the more than 20 lawsuits Frosh has filed are ones challenging Trump's travel ban on residents of some majority-Muslim countries, the suspension of rules protecting students from excessive college debt and the administration's rollback of environmental regulations affecting the Chesapeake Bay.

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