Lexology October 22, 2020
Health care policy and business face consequential times ahead, with Election Day on Nov. 3 and a challenge to the Affordable Care Act being heard before the U.S. Supreme Court on Nov. 10. In February 2018, two months after Congress eliminated the individual mandate penalty, the Texas attorney general joined with 17 states and two individuals to bring a suit, Texas v. U.S., challenging the constitutionality of the ACA.
In spring of 2019, the U.S. Department of Justice, on behalf of the Trump administration, filed a brief in Texas v. U.S.,[1] arguing that, given the elimination of the penalty for noncompliance with the individual mandate, the entire ACA should be declared unconstitutional because the individual mandate is inseparable from the...
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