(Reuters)—Days after a judge in Texas declared that the Obamacare healthcare law is unconstitutional, Maryland’s Democratic attorney general on Wednesday will pursue his request that another judge rule the opposite way.
The lawsuit brought by Maryland Attorney General Brian Frosh also seeks to challenge President Donald Trump’s appointment of Matthew Whitaker as acting attorney general, another bone of partisan contention.
Frosh is asking U.S. District Judge Ellen Hollander in Baltimore to declare that the 2010 health law, known as the Affordable Care Act, is lawful in a bid to counter attempts by the Trump administration to undermine it.
Hollander will weigh the Whitaker claim along with the government’s motion to dismiss the case on the grounds that Maryland does not have legal standing to bring the case.
On Friday, a judge in Texas ruled that the entire healthcare law was unconstitutional following revisions to the tax code by the Republican-controlled Congress last year, which removed the tax penalty for failing to buy health insurance. Trump, who has worked for years to undermine Obamacare, on Twitter called the Texas judge’s decision “a great ruling for our country.”
The Texas judge ruled in favor of 20 states, including Texas.
The original lawsuit by the 20 states prompted Maryland to sue the federal government over then-U.S. Attorney General Jeff Sessions’s refusal to defend the portions of the Obamacare law being challenged in Texas.
Trump forced Sessions out of office in early November and named Whitaker to replace him as acting attorney general.
In response to that, Maryland asked Judge Hollander to issue an injunction barring Whitaker from serving, saying his appointment violated both the Constitution and a federal law that governs the line of succession at the Justice Department.
Then on Dec. 7, Trump nominated William Barr to become attorney general on a permanent basis. He would replace Whitaker, pending Senate review, likely in early 2019.
Maryland has asked Hollander to issue a declaratory judgment upholding Obamacare’s constitutionality.
If Hollander rules on whether Obamacare is constitutional, her decision could potentially be at odds with the decision in Texas. That could create a conflict among lower courts of the sort the U.S. Supreme Court often likes to tackle.