MILWAUKEE (CBS 58) -- Wisconsin Attorney General Josh Kaul and others filed a brief this week with the U.S. Supreme Court, supporting the Affordable Care Act.

"Attacking it in any case was a mistake," he said. "But attacking it in the middle of a pandemic is just horrible policy. We need to do what we can to keep the Affordable Care Act in place."

In October, the high court will hear arguments about whether the act's individual mandate is unconstitutional.

That's the requirement that all Americans must have health insurance or pay a penalty.

Kaul calls the legal challenge an effort to "take down" Obamacare, and he adds it could cause severe damage to public health.