Trump, GOP Urge 5th Circ. To Nuke Affordable Care Act

Law360 (May 1, 2019, 9:57 PM EDT) -- The Trump administration and nearly 20 Republican-led states pressed the Fifth Circuit on Wednesday to torpedo the Affordable Care Act, asserting that the elimination of the law’s individual mandate penalty has doomed the act.

In a pair of opening briefs, the White House and the states endorsed a district court ruling in December that invalidated the ACA from head to toe but that has been stayed pending appeal. Both briefs asserted that the penalty-free individual mandate to have health insurance is no longer a constitutional exercise of taxing power and that the rest of the ACA is too dependent on the...

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