The Justice Department filed a letter in the Fifth Circuit Court of Appeals on March 25, 2019 (Letter) supporting the decision of a Texas District Court ruling that the Affordable Care Act (“ACA”) is unconstitutional. In its ruling (Ruling), the District Court held the individual mandate under the ACA is unconstitutional given the passage of the Tax Cuts and Jobs Act of 2017. The court further held that the remaining provisions of the ACA are also unconstitutional because those provisions cannot be severed from the individual mandate. The Justice Department intends to file a brief on this matter.
Despite the court’s ruling, the Department of Health and Human Services issued a press release stating it will continue to enforce the ACA.
The case is in the hands of the Fifth Circuit Court of Appeals to consider whether the District Court’s findings are valid. Regardless of the outcome, it is likely the case will be appealed to the United States Supreme Court.
KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.
ADVERTISING MATERIAL.
© 2024 Keating Muething & Klekamp PLL. All Rights Reserved
- Partner
John Meisenhelder has extensive experience providing counsel to medium and large size companies (tax-exempt and for-profit) with respect to all employee benefits, executive compensation and privacy matters. John ...
- Partner
Lisa Wintersheimer Michel is the leader of the Employee Benefits & Executive Compensation Group. Her practice primarily involves all aspects of qualified retirement plans, including profit sharing plans, 401(k) plans ...
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- Department of Labor
- FLSA
- Coronavirus
- Labor Law
- Non-Compete Agreements
- Pregnancy Discrimination
- Wage & Hour
- Privacy
- National Labor Relations Board
- Reasonable Accommodation
- Workplace Accommodations
- NLRB
- FMLA
- Employment Litigation
- Medical Marijuana
- Employee Benefits and Executive Compensation
- Arbitration
- Religion Discrimination
- Workplace Violence
- Discrimination
- Medical Cannabis Dispensaries
- IRS
- Litigation
- Whistleblower
- Disability Discrimination
- Social Media
- Employer Policies
- Americans with Disabilities Act
- United States Supreme Court
- Federal Trade Commission
- Retirement
- Race Discrimination
- OSHA
- Sexual Orientation Discrimination
- National Labor Relations Act
- Accommodation
- ERISA
- Employer Handbook
- EEOC
- ADAAA
- ACA
- Affordable Car Act
- Unions
- Title VII
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- NLRA
- Transgender Issues
- 401(k)
- Disability
- Employment Settlement Agreements
- Sixth Circuit
- Fair Labor Standards Act
- Equal Employment Opportunity Commission
- Paycheck Protection Program
- Securities Law
- Benefits
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- Preventive Care Benefits
- E-Discovery
- Evidence
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Family and Medical Leave Act
- Environmental Law
- Privacy Laws
- Overtime Pay
- Representative Election Regulations
- Department of Justice
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Telecommuting
- Compensable Time
- Occupational Safety and Health Administration
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- American Medical Association
- Classification
- Confidentiality
- Fair Minimum Wage
- Federal Minimum Wage
- Media Policy
- Misclassification
- State Minimum Wage
- Wage Increase
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- National Origin Discrimination
- Retaliation
- Social Media Content
- Taxation
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
Recent Posts
- DOL Increases Compensation Threshold for Exemption Eligibility
- Federal Trade Commission Announces New Rule Invalidating Non-Compete Agreements
- EEOC Announces Final Rule Providing Guidelines under the PWFA
- The Practical Employment Law Podcast: Immediate Termination
- The Practical Employment Law Podcast: Labor & Employment Law Update February 2024
- The Practical Employment Law Podcast: Telephone Game
- The Practical Employment Law Podcast: Labor & Employment Law Update January 2024
- The Practical Employment Law Podcast: Employment Law Issues to Watch in 2024
- Department of Labor Announces New Independent Contractor Rule to Go into Effect March 11, 2024
- The Practical Employment Law Podcast: The Employment Law Naughty & Nice List