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March 05, 2020

Texas v. United States Update

On February 14, the states challenging the constitutionality of the ACA filed a cross petition for Supreme Court review of the U.S. Court of Appeals for the Fifth Circuit’s decision, which held the ACA’s individual mandate unconstitutional, vacating and remanding the case to the district court for reconsideration of the district court’s holding that the remainder of the law was inserverable from unconstitutional provision. 945 F.3d 355, 2019 U.S. App. LEXIS 37, 567. On March 2, the Supreme Court consolidated (on page 3) and granted the cross petitions for certiorari and review of the Fifth Circuit’s opinion (Nos. 19-840 and 19-1019). The Supreme Court’s review will be limited to deciding two issues: 1) whether the individual mandate provision is severable from the rest of the ACA; and 2) whether reducing the shared responsibility payment to zero rendered the minimum coverage provision unconstitutional. The oral argument is expected to occur during the Supreme Court’s October 2020 term. 

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