American flag and medical symbol While we can’t be sure what’s next for the ACA, we know that many will continue to defend its constitutionality.

In case you missed it, the Fifth-Circuit Court on Wednesday issued its much-anticipated ruling on the constitutionality of the ACA’s individual mandate. The decision was something of a mixed bag: While the court upheld an earlier decision striking down the individual mandate as unconstitutional now that the penalty has been set to zero, they remanded the question of whether that means the entire ACA should be declared void back down to the district court.

The lack of a “severability provision,” many argue, means that if any element of the ACA is found unconstitutional, the entire law must go. But such a decision would bring instant chaos to the health insurance marketplace.

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Emily Payne

Emily Payne is the current deputy editor 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.

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