5th Circ. Judges Question If ACA Can Stand Without Mandate

Law360 (July 9, 2019, 11:44 PM EDT) -- The Fifth Circuit's conservative majority battered Affordable Care Act defenders with questions about how the law can survive without its individual mandate during a Tuesday hearing, expressing skepticism about overturning a Texas federal judge's decision to find the legislation unconstitutional without its penalty for avoiding health insurance.

An attorney for the U.S. House of Representatives shot back with strong words for the three-judge panel, saying U.S. Supreme Court precedent should prevent them from tampering with the ACA beyond nixing the mandate.

Case law intended to guard against judicial overreach requires the Fifth Circuit to uphold whatever portions of the law can...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 5th Circuit

Nature of Suit

2890 Other Statutory Actions

Date Filed

January 7, 2019


Government Agencies