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This past December, a federal appeals court ruled that the Affordable Care Act’s individual mandate is unconstitutional due to the elimination of the individual mandate penalty in 2019. The appeals court passed the case to the lower court to make the determination. However, several states and the House of Representatives asked the Supreme Court to take up the case before the lower court issued a ruling.
The Supreme Court recently declined to fast-track their appeal. Now the lower courts are tasked with deciding if the rest of the ACA may be severed from the individual mandate provision.
The lower court’s ruling is expected to be appealed to the Supreme Court. It’s expected that a final decision won’t be made until that time.
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