Current Status on the Constitutionality of the ACA Individual Mandate

Lexology January 7, 2020
Winston & Strawn LLP

In December 2019, the Firth Circuit Court of Appeals upheld, in a 2-1 decision, a lower court ruling that the individual mandate of the Affordable Care Act (ACA) became unconstitutional when Congress set the penalty amount to zero as part of the Tax Cuts and Jobs Act, because the mandate was no longer a valid exercise of Congress’ taxing powers. However, the Appeals Court stopped short of throwing out the entire law and sent it back to the District Court of Texas to take another look at whether the individual mandate could be severed from other portions of the law. If you recall, this federal judge in Texas (Judge Reed O’Connor of the U.S. District Court for the Northern District...

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