A decision in Texas v. United States was issued by a divided three-judge panel of the US Court of Appeals for the Fifth Circuit on December 18, 2019. This case presented once again the question whether the Affordable Care Act (ACA) is constitutional and sustainable, and questions of severability remain for the near future.
by Amy M. Gordon, Susan M. Nash and Maureen O’Brien
On June 28, 2012, the Supreme Court upheld the most significant provisions of the Patient Protection and Affordable Care Act (the Act), including the controversial individual mandate. The vote was 5-4 and the majority opinion was written by Chief Justice John Roberts. Ironically, the justices concluded that the mandate was not a valid exercise of Congress’ commerce clause power but was a proper use of Congress’ tax authority. One of the most complicated issues that everyone struggled with, the severability issue, is now moot because the individual mandate was upheld.
Click here to view the Supreme Court opinion.
Please join us for a webcast discussing the opinion on Friday June 29, 2012, from 12:00-2:00 p.m. EDT. To register, click here.
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