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ACA Watch 2019 | Constitutionality of the Affordable Care Act

Recent Developments

The long-standing debate on the constitutionality of the individual mandate spans from 2012 through today. Our previous articles provide background on the most current lawsuit challenging the constitutionality of the individual mandate and the district judge’s decision declaring not only the individual mandate unconstitutional but the entire ACA law.

Since the federal district court judge’s decision, the White House and the Attorneys General (AGs)1 on both sides of the argument are taking action.

As the appellate court considers the briefs and arguments, many show concerns regarding the potential impact and ramifications should the entire law be stricken. It is clear that there are strong arguments on both sides and appears that this is not something that will settle out easily.

We expect the release of a future date to hear the case at the appellate level. Until then, we remind employers and all individuals that the ACA remains the law of the land and all should continue to comply with its provisions. We will bring you further developments as they unfold.

1. Attorneys General – these individuals hold the power of attorney in representing the government in legal matters ↩