Josh Kaul, the Democratic candidate for state attorney general, said if he is elected, he will seek to withdraw the state from a lawsuit against the ACA, according to a report from WISN 12, an ABC News affiliate. Mr. Kaul would need approval from the governor of Wisconsin and the court to withdraw from the lawsuit.
Mr. Kaul is running against Republican incumbent Brad Schimel. Mr. Schimel is one of two state attorneys general to lead the 20-state lawsuit against the ACA. The suit claims the ACA became unconstitutional when President Donald Trump signed the tax bill in December 2017. The bill repealed the penalty associated with the ACA’s individual mandate, which was previously deemed a “tax” by the U.S. Supreme Court. The lawsuit argues eliminating the tax but not the mandate is unconstitutional, and the mandate is not severable from the rest of the law, making the entire ACA unconstitutional.
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