The 5th Circuit Court of Appeals decision in Texas v. US is due any time. The case on the ACA was argued in July before the 5th Circuit Court of Appeals. Now that open enrollment is winding down in most states, will the decision finally be released? Which ever way it goes, surely it will be appealed to the US Supreme Court.
This is the case that appeals a federal trial court judge’s decision in Dec 2018 that the individual mandate and the entire ACA are invalid now that the tax penalty for being uninsured was dropped to zero. Currently, 18 states, led by Texas, claim the ACA is unconstitutional. 21 states, led by California, are defending the ACA. The federal government also now claims the whole ACA is unconstitutional. Previously, the US Supreme Court said that the tax penalty is what made the mandate and the ACA permissible because Congress has the power to tax.
Timothy Jost and @commonwealthfnd have a good explainer at http://bit.ly/36zTzu7.
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