1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Fifth Circuit Holds the Individual Mandate Unconstitutional: Implications for Congress Updated March 3, 2020 Update 3/2/20: On March 2, 2020, the Supreme Court granted review in the Texas litigation. The
2、questions at issue before the Court are: (1) whether the individual and state plaintiffs have standing to challenge the individual mandate; (2) whether the individual mandate, as amended, is constitutional; and (3) whether the individual mandate is severable from the rest of the ACA. Oral arguments
3、in the litigation have not yet been scheduled, but will likely take place next fall. On December 18, 2019, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) issued its decision in Texas v. United States on the constitutionality of the Patient Protection and Affordable Care Acts (ACAs)
4、requirement for individuals to maintain health insurance (the so-called “individual mandate”) and the continued validity of the remainder of the Act. The Fifth Circuit affirmed a district court ruling that Congress lacked the constitutional authority to enact the individual mandate, as amended by th
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