News & Analysis as of

Severability Doctrine Health Insurance

Ruder Ware

The Affordable Care Act Survives Another (and Perhaps Final?) Constitutional Challenge

Ruder Ware on

The U.S. Supreme Court declined to strike down the Affordable Care Act once again today, the third unsuccessful constitutional challenge to the far-reaching health care law since it was enacted in 2010. This time, the...more

Genova Burns LLC

Uncertain Fate of Affordable Care Act and 2017 Rules Creating New Exemptions to ACA’s Contraception Coverage Requirements; New...

Genova Burns LLC on

On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as...more

Groom Law Group, Chartered

Texas, et. al., v. U.S. – The Fifth Circuit Rules

As you may recall, in late September, we expected a decision from the Fifth Circuit in Texas v. United States—the case challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA)—in the fall of...more

King & Spalding

Fifth Circuit Rules ACA Individual Mandate Unconstitutional

King & Spalding on

On December 18, 2019, the Court of Appeals for the Fifth Circuit ruled that the Patient Protection and Affordable Care Act (ACA) individual mandate is unconstitutional but remanded to the district court to assess whether the...more

Sheppard Mullin Richter & Hampton LLP

Update to Texas v. United States: Fifth Circuit Strikes Individual Mandate, Remands on Severability

On December 18th, 2019, the Fifth Circuit Court of Appeals released a long-awaited decision on a significant challenge to the Affordable Care Act (“ACA”), affirming a lower-court ruling that we discussed in a previous post....more

Dechert LLP

Do We Still (Obama-)Care About the Individual Mandate?— Fifth Circuit Holds the Mandate to Be Unconstitutional but Remands for...

Dechert LLP on

The Patient Protection and Affordable Care Act, often referred to as Obamacare (the “ACA”) has survived two trips to the U.S. Supreme Court. It remains to be seen whether there will be a third. ...more

McDermott Will & Emery

Fifth Circuit Issues ACA Ruling, But Severability Question Remains

McDermott Will & Emery on

A decision in Texas v. United States was issued by a divided three-judge panel of the US Court of Appeals for the Fifth Circuit on December 18, 2019. This case presented once again the question whether the Affordable Care Act...more

White and Williams LLP

Individual Mandate Ruled Unconstitutional

White and Williams LLP on

On Wednesday, December 18, the Fifth Circuit of the U.S. Court of Appeals issued a ruling in Texas v. United States, which determined that the individual health insurance mandate implemented by the Affordable Care Act (ACA)...more

Sheppard Mullin Richter & Hampton LLP

Texas v. United States: Texas Federal Court “Strikes Down” the ACA

On Friday, December 14, 2018, a federal district court judge in Texas issued a widely anticipated opinion that struck down the entire Patient Protection and Affordable Care Act (“ACA”) as unconstitutional. The judge ruled in...more

Epstein Becker & Green

Is the Affordable Care Act a House of Cards? If Yes, What Does the Recent Texas Court Decision Mean for the US Health Insurance...

Epstein Becker & Green on

In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more

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