Attorney General Bailey Obtains Court Order Blocking Obamacare for Illegal Aliens

The ruling will temporarily keep undocumented immigrants in 19 states from getting federally subsidized health insurance.

A North Dakota federal judge's ruling will temporarily keep undocumented immigrants in 19 states from getting federally subsidized health insurance. The District Court ruled in favor of the states concluding “even if these costs were insufficient:, allowing potential unlawful action would constitute economic irreparable harm of unlawful agency action and is not in the public’s best interest. When the government “is enjoined by a court from effectuating statutes enacted by the representatives of its people, it suffers a form of irreparable injury.”

Irreparable Economic Harm to Plaintiffs

Even if these costs were insufficient, allowing potential unlawful action would constitute irreparable harm. See Shawnee Tribe v. Mnuchin, 984 F.3d 95, 102 (D.C. Cir. 2021) (perpetuation of unlawful agency action is not in the public’s best interest); see also Maryland v. King, 567 U.S. 1301, 1303 (2012) (Roberts, C.J., in chambers) (When the government “is enjoined by a court from effectuating statutes enacted by the representatives of its people, it suffers a form of irreparable injury.”). Plaintiffs here are faced with a choice: comply with what they believe to be an unlawful directive or lose federal government support to operate the costly exchanges required under the ACA. Other courts have found this type of “Hobson’s choice” sufficient for irreparable harm. See City of Albuquerque v. Barr.

The Court has reviewed the record, relevant caselaw, and arguments of the parties. For the above stated reasons, Plaintiffs’ Motions for Preliminary Injunction and Stay (Doc. No. 35) are GRANTED. Defendants are preliminary enjoined from enforcing the Final Rule against the 19 Plaintiff States. As a result, Plaintiffs’ Motion for Temporary Restraining Order (Doc. No. 105) is MOOT. Defendants’ Motions to Dismiss (Doc. No. 108) are DENIED. Daniel M. Traynor, District Judge United States District Court. State of Kansas v. United States of America