United States:
Fifth Circuit Rules The ACA's Individual Mandate Unconstitutional, Asks Lower Court To Decide On The Rest
23 December 2019
Smith Gambrell & Russell
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Yesterday, the Fifth Circuit Court of Appeals struck down the
Affordable Care Act's ("ACA") requirement that
individuals either purchase health insurance or pay a tax (the
"individual mandate"). The court held that the individual
mandate is unconstitutional and remanded the case to the district
court to reconsider whether the remainder of the ACA remains
valid.
Democrats defending the constitutionality of the ACA have
indicated they intend to ask the U.S. Supreme Court to review the
Fifth Circuit's decision. However, it is uncertain whether the
Supreme Court will do so, or wait for further rulings from the
district court and Fifth Circuit.
The ACA remains the law while the litigation continues, which
means that employers are still required to comply with their
obligations under the ACA.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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