AXIOS December 19, 2019
Sam Baker

The Affordable Care Act’s fate will still be up for grabs in the courts well after the 2020 election, thanks to a decision last night from a panel of the 5th Circuit Court of Appeals.

Driving the news: In a 2-1 ruling, the panel said the ACA’s individual mandate is unconstitutional. But the court declined to say how much of the rest of the law should fall along with it, instead punting that question back to a lower court to reconsider.

The backstory: Judge Reed O’Connor ruled last year that the individual mandate became unconstitutional in 2017, after Congress zeroed out the penalty for being uninsured.

  • He said the entire ACA was bound up with...

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