American flag and medical symbol Assuming that the individual mandate is stricken, and found severable, there would be little direct effect on the health insurance market outside of the individual market.

On November 10, the Supreme Court heard oral arguments in California v Texas, the latest challenge to the constitutionality of the Affordable Care Act (“ACA”). The positions of the parties to the case have changed throughout its path to the Supreme Court, but, as argued, there are three basic questions to be answered:

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