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Just last month, the Fifth Circuit upheld a lower court ruling that the individual mandate portion of the Affordable Care Act (Obamacare) is no longer constitutional. Despite wailing from some who support the ACA, the 5th Circuit is correct. The Supreme Court, in 2012, upheld the mandate on the sole basis of Congress’s power to tax. That tax was lowered to $0.00 in 2017. Since there is no longer a tax, there is no longer any constitutional authority for the mandate. We discuss what it all means.
LINKS
The case itself: Texas v. U.S. (5th Cir. 2019) (Link will open a PDF file)
Supreme Court orders quick response in Obamacare challenge
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