Fierce Healthcare July 9, 2019
Paige Minemyer, Robert King

A federal appeals court may be poised to deem the ACA’s individual mandate unconstitutional, but appeared to be on the fence about whether they believe that strikes down the entire law.

States on both sides of the constitutional debate faced off before a three-judge panel in the Fifth Circuit court Tuesday afternoon, with the future of the Affordable Care Act hanging in the balance. The judges seemed to wrestle with the question at the crux of the ongoing case—can the individual mandate be excised from the law?

Judge Jennifer Walker Elrod, a George W. Bush appointee, asked how the plaintiff states how they would argue the mandate could not be considered separately from other provisions in the far-reaching healthcare law,...

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