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.[1] 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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