Appeals Court Rules ACA Mandate Unconstitutional

On December 18, 2019, a federal appeals court ruled the Affordable Care Act’s (ACA’s) individual mandate unconstitutional absent a penalty. However, on the issue of severability, the court remanded the case to the U.S. District Court in Texas. The lower court will determine whether if one portion of the ACA is ruled unconstitutional whether the ACA is unconstitutional in its entirety. This case is one of several ACA cases that are wending their way to the U.S. Supreme Court.