SUPREME COURT AGREES TO HEAR APPEAL OF CASE FINDING THE ACA UNCONSTITUTIONAL, BUT NOT UNTIL NEXT TERM

The Supreme Court has granted petitions for certiorari filed by the House of Representatives and several Democratic-led states, agreeing to review the Fifth Circuit decision finding that the Affordable Care Act’s individual mandate was unconstitutional. In addition, the Court granted the motion for leave to file an amicus curiae brief supporting the petitioners filed by 33 state hospital associations. The Supreme Court will not, however, hear the case until next term, meaning it will be decided after the Presidential election. The Supreme Court had previously denied motions to expedite the case so that it would be decided before the election.

The Fifth Circuit decision had affirmed a lower court’s ruling that the ACA’s individual mandate was unconstitutional after Congress reduced the penalty for failing to have insurance to zero “because it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power.”

The cases are California et al. v. Texas et al. v. U.S. et al. (19-840) and United States House of Representatives v. Texas et al. v U.S. et al. (19-841), in the Supreme Court. To read Whatley Kallas, LLP’s earlier article on the Democratic-led states and the House of Representatives’ Petitions for Certiorari and Motions to Expedite, please click here, and to read our earlier article on the Administration’s and the Republican-led States’ Oppositions, click here. To read our earlier article on the amicus curiae briefs filed by several provider and patients’ organizations, including the brief filed by the state hospital associations, please click here. To read our earlier article on the Fifth Circuit decision, click here. The attorneys at Whatley Kallas will continue to follow this important case.