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The John Minor Wisdom courthouse, home of the 5th Circuit, in March 2005. (Photo: Tim Roller/ALM) The 5th Circuit Court of Appeals has raised the possibility that the ACA as a whole could survive the death of the individual mandate provision. (Photo: Tim Roller/ALM)

A three-judge panel at the 5th U.S. Circuit Court of Appeals Wednesday that the Affordable Care Act’s individual mandate is unconstitutional, but the panel left open the possibility that much, or even most, of the Obama-era law could survive the death of the mandate provision.

The court sent the case, Texas v. United States, back down to the district court, so that the district court look again at whether the individual mandate provision can be removed from the rest of the ACA.

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