FIFTH CIRCUIT COURT: ACA INDIVIDUAL MANDATE UNCONSTITUTIONAL

The Fifth Circuit Court of Appeals has ruled that the ACA individual mandate is unconstitutional.  The opinion was issued December 18, 2019, a copy of which is here. In referencing the US Supreme Court’s well-known opinion in NFIB v. Sebelius (US 2012) the Fifth Circuit Court reasoned:

In NFIB, the individual mandate—most naturally read as a command to purchase insurance—was saved from unconstitutionality because it could be read together with the shared responsibility payment as an option to purchase insurance or pay a tax. It could be read this way because the shared responsibility payment produced revenue. It no longer does so. Therefore, the most straightforward reading applies: the mandate is a command. Using that meaning, the individual mandate is unconstitutional.

Texas v. USA (5th Cir. Dec. 18, 2019) at 44

By way of brief background to this case, the ACA  originally required buyers of individual health insurance policies to purchase “minimum essential coverage” benefits. This is commonly known as the ACA individual mandate. Continue reading “FIFTH CIRCUIT COURT: ACA INDIVIDUAL MANDATE UNCONSTITUTIONAL”