The Different Ways High Court Could Assess ACA Viability
Law360 (November 9, 2020, 5:32 PM EST) -- As the nation has turned its attention to fighting a global pandemic and the very real, human cost associated with that fight, the decade-old battle over the Affordable Care Act is once again in the limelight.
The U.S. Supreme Court agreed to hear arguments in California v. Texas after the presidential election. Those consolidated cases largely turn on two things: (1) the constitutionality of the individual mandate now that Congress has zeroed out the penalty for violating the mandate, and (2) the centrality of that penalty-less mandate to the rest of the ACA's provisions.
These and other issues presented in the case could result in...
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