ACA Latest Developments: Justice Department Supports ACA Repeal

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.

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