January 01, 2019

Déjà Vu All Over Again: PPACA is Declared Unconstitutional

Jeff Wurzburg, Norton Rose Fulbright, San Antonio, TX

Since Congress passed the Patient Protection and Affordable Care Act1 (PPACA) and then-President Obama signed it into law in March 2010, PPACA has faced repeated legal challenges. On three separate occasions the U.S. Supreme Court reviewed PPACA.2 In each case, PPACA emerged from the Supreme Court bruised, but also more settled as a matter of law. The fate of PPACA appeared conclusively decided following the failed efforts to repeal and replace the law in 2017. Heading into the 116th Congress and 2020 election cycle, attention on Capitol Hill and in Washington policy circles was moving towards a debate on the merits of “Medicare for all.”3

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