Supreme Court Commentaries
Affordable Care Act, Individual Mandate, Standing, Tax Power
In February of 2018, Texas and nineteen other states filed suit against the federal government seeking to have the entire ACA struck down. In the consolidated case California v. Texas, the Court is considering four questions: First, whether Texas and the individual plaintiffs have standing to challenge the individual mandate; Second, whether the Tax Cut and Jobs Act renders the individual mandate unconstitutional; Third, whether the rest of the ACA can stand even if the mandate is unconstitutional; Finally, if the entire ACA is found invalid, whether the Act should be unenforceable nationwide or whether it should only be unenforceable as to the individual plaintiffs in the suit.
Rachel Sereix, California v. Texas: The Denouement of the Affordable Care Act's Legal Challenges?, 16 Duke Journal of Constitutional Law & Public Policy Sidebar 17-33 (2021)