2020 Outlook: For Insurers, There’s More Than One ACA Court Case to Watch
Chart: Texas v. United States: A Look Back
January 13, 2020
Though the upcoming elections will shine a bright spotlight this year on the health care policy positions of lawmakers and the Trump administration, the courts will play just as big of a role — if not more — than politicians when it comes to shaping the future of the Affordable Care Act’s health insurance reforms.
The biggest case at play is Texas v. United States, which challenges the validity of the entire ACA based on Congress’ decision in 2017 to zero out the individual mandate’s tax penalty (see infographic, p. 7). Because the elimination of the tax penalty makes the individual mandate unconstitutional, Republican-led states argue, the rest of the law also has to go, as it is “inseverable” from the mandate.