Becker's Healthcare October 14, 2019
Emily Rappleye

A decision on the constitutionality of the ACA “could come as soon as this month,” NPR reports.

Four quick notes on the lawsuit:

1. A panel of three judges heard oral arguments in the 5th Circuit Court of Appeals on July 9. The judges were reviewing U.S. District Judge Reed O’Connor’s ruling in Texas v. United States, in which he declared the ACA unconstitutional.

2. The plaintiffs in the case, 20 Republican-led states, argue that the individual mandate is a tax, and it became unconstitutional when the associated penalty was zeroed out under President Donald Trump’s 2017 tax law. The lawsuit also argues that the individual mandate is inseverable from the law, making the entire ACA unconstitutional.

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