Judicial Invalidation of the Affordable Care Act

Hodge JG. Judicial invalidation of the Affordable Care Act. Jurist. December 19, 2018

4 Pages Posted: 6 Jan 2019

See all articles by James G. Hodge

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: December 17, 2018

Abstract

Since its enactment in 2010, the Affordable Care Act (ACA) has provided meaningful coverage for millions of Americans, reformed the national health insurance and health care delivery infrastructure, and assured basic public health services through core funding. Enforcing the ACA has also entailed a multitude of political and legal challenges including (1) dozens of failed attempts by Congress to repeal its provisions, (2) multiple federal regulatory waivers, and (3) considerable judicial adjustments.

On December 14, 2018, federal district court Judge Reed O’Connor ruled that the entire ACA is unconstitutional. The decision in Texas v. United States was anticipated for months. If upheld on appeal, it could spell the end of every protection, program, subsidy, and incentive framed in the ACA not otherwise waived or dismantled by prior or current administrations. This commentary explains the core premises for the court’s decision, disputes its legal foundations, and assesses future law and policy options for courts, Congress, and Americans facing the loss of popular ACA protections and benefits.

Keywords: Affordable Care Act, ACA, courts, invalidation, Texas, severability, mandate, constitutional

Suggested Citation

Hodge, James G., Judicial Invalidation of the Affordable Care Act (December 17, 2018). Hodge JG. Judicial invalidation of the Affordable Care Act. Jurist. December 19, 2018. Available at SSRN: https://ssrn.com/abstract=3304673

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

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