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...
Please see full Publication below for more information.