Scene outside the U.S. Supreme Court on the day the court issued its ruling in the Patient Protection and Affordable Care Act case in June 2012. (Photo: Diego M. Radzinschi/ALM)5th Circuit Declares ACA's Individual Mandate Unconstitutional, Punts on Scrapping Entire Law
"The individual mandate is unconstitutional because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power," the split panel wrote.
December 18, 2019 at 05:14 PM
6 minute read
The original version of this story was published on National Law Journal
Updated at 7 p.m.
The U.S. Court of Appeals for the Fifth Circuit on Wednesday ruled that the Affordable Care Act's individual mandate is unconstitutional, but sent the matter back down to a district court to determine whether that provision can be removed from the rest of the Obama-era healthcare law.
The split panel found that both groups of states in the case have standing, one to challenge the Obama-era health policy and the other to defend it. The panel also found the individual mandate is now unconstitutional because it can no longer be read as a tax, but remanded the case to the district court to provide additional analysis on severability.
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