Summary of Supreme Court Oral Arguments in California v. Texas

Foley Hoag LLP

On November 10, 2020, the U.S. Supreme Court held oral arguments in California v. Texas (Dkt. No. 19-840), a case in which the Trump administration and several Republican-led states have asked the Court to strike down the Affordable Care Act (“ACA”) in its entirety. The Court is evaluating three key questions:

1. Whether the individual and state plaintiffs have standing to challenge the individual mandate;

2. Whether the elimination of the individual mandate penalty in the 2017 Tax Cuts and Jobs Act (TCJA) rendered the individual mandate unconstitutional; and

3. If unconstitutional, whether the individual mandate is “severable” from the rest of the ACA...

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