“The Affordable Care Act has what amounts to an inseverability clause because the penalty is essential to drive people to buy insurance,” argued Texas Solicitor General Kyle Hawkins.
“If you no longer have the tax, why isn't it unconstitutional?”
This question, posited by Fifth Circuit court judge Jennifer Elrod, served as the central issue in the opening day of oral arguments challenging the ACA.
The closely watched case pits 18 Republican-led states seeking to strike down the landmark health care law against 20 Democrat states, as well as the House of Representatives, seeking to defend it. Republicans are arguing that when the individual mandate was voided by the 2017 tax reform act, it subsequently voided the entire law.
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Emily Payne
Emily Payne is director, content analytics for ALM's Business & Finance Markets and former managing editor for BenefitsPRO. A Wisconsin native, she has spent the past decade writing and editing for various athletic and fitness publications. She holds an English degree and Business certificate from the University of Wisconsin.
