Supreme Court to Review Constitutionality of the ACA
The Supreme Court has granted review of the decision of the Court of Appeals for the 11th Circuit striking down the ACA’s individual health insurance mandate as unconstitutional. The Supreme Court will consider whether the mandate is unconstitutional and, if so, if it may be severed from the remainder of the law, along with whether the challenge to the mandate is premature under the Anti-Injunction Act. In addition, the Court will consider whether the ACA is constitutional because “it coerces States into accepting onerous conditions that it could not impose directly by threatening to withhold all federal funding” under Medicaid. There has been a split in the holdings among the various federal courts of appeals that have opined on the constitutionality of the individual mandate. The Supreme Court has not yet scheduled arguments on the ACA cases, but the decision is expected to be issued in the midst of next year’s Presidential election campaign.
