Affordable Care Act Remains in Limbo
The U.S. Court of Appeals for the 5th Circuit ruled on the Texas v Azar case last week. The 5th Circuit was hearing an appeal on a Texas District Court ruling earlier this year that found that the ACA is unconstitutional in it’s entirety now that the tax penalties for not having health insurance (the individual mandate) has been eliminated (by the big tax cut bill a couple of years ago).
The 5th Circuit agreed with the lower district court that the individual mandate of the Affordable Care Act is unconstitutional. In the 2012 US Supreme Court case (NFIB v. Sebelius) the U.S. Supreme Court found that the ACA is constitutional because of Congresses taxing authorit When Congress zeroed out the ACA’s “shared responsibility payment” in 2017, the tax power was negated, invalidating the mandate itself.
Although the lower court previously concluded that the elimination of the individual mandate rendered the entire ACA unconstitutional, the 5th Circuit majority decision this week did not agree.
The 5th Circuit rebuked federal district court Judge Reed O’Connor for his over-reaching analyses, remanding the case back to his court for “a more searching inquiry” of which ACA provisions are severable from the individual mandate.
As the process of reviewing the severability of ACA provisions may take months, questions have already surfaced regarding potential immediate appeals to the U.S. Supreme Court.
A big shout out to AzPHA members at the Western Region Office of the Network for Public Health Law for their analysis of last week’s ruling. Here’s a bit about the Center and how they can help you with public health legal questions that you might have. Their work is always well-researched and there’s not charge for their services.
The Center for Public Health Law and Policy explores fascinating and emerging global and domestic issues in public health law, policy, and ethics. Varied topical interest areas include emergency legal preparedness, vaccinations, health care reform, injury prevention, and constitutional rights and protections. The center brings students together with leading scholars, practitioners, and policymakers to address critical challenges at the intersection of law, ethics, policy, and the public’s health.
Its diverse group of scholars and partners seeks to promote the role of law as a tool for improving the public’s health by conducting targeted legal and policy research, developing innovative tools and educational materials, generating extensive scholarship, and collaborating with public health and medical leaders.
The center also hosts the Western Region Office of the Network for Public Health Law, supported primarily by the Robert Wood Johnson Foundation. The Network provides technical assistance to practitioners and attorneys nationally, and allows students the opportunity to research, develop, and implement public health law solutions.
