Summary of Supreme Court Oral Arguments in California v. Texas

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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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