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Can The Affordable Care Act Survive The Latest Challenge?

Law360 (May 30, 2019, 3:36 PM EDT) -- On May 1, the U.S. Department of Justice, on behalf of the Trump administration, filed a brief in Texas v. U.S.,[1] arguing that, given the elimination of the penalty for noncompliance with the individual mandate, the entire ACA should be declared unconstitutional because the individual mandate is inseparable from the ACA as a whole.

With Texas v. U.S. most likely on a collision course with the U.S. Supreme Court, the court’s reasoning on prior ACA litigation offers crucial insight — and may point toward the ACA minus the penalty for noncompliance being found unconstitutional in whole or in part.

Background

In December 2017, Congress...

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