ACA Challenge Will Be Heard by SCOTUS in 2020

To mark the Affordable Care Act (“ACA”)’s 10 year-anniversary, the Supreme Court of the United States (the “Supreme Court” or “SCOTUS”) has agreed to hear the case challenging its constitutionality.

Back in December 2019, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) found the ACA’s individual mandate unconstitutional (check out our previous blog post to recap the Fifth Circuit’s decision).

However, the Fifth Circuit declined to rule on the severability analysis (i.e., whether the rest of the ACA can be separated from the individual mandate). The question of severability back to the district court for further review, but the Fifth Circuit’s decision was immediately appealed to the Supreme Court by 21 Democratic state attorneys general and governors (led by California), as well as the House.

Oral arguments will be scheduled for fall 2020, possibly before the November 2020 election. Therefore, a decision by the Court should be issued by summer of 2021.

ComplianceDashboard will be sure to keep you up-to-date on any new developments!


The information and content contained in this blog post are for general informational purposes only, and does not, and is not intended to, constitute legal advice.

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