Is Texas v. US Taxing for Obamacare?

Law360 (Jan. 3, 2019)

9 Pages Posted: 4 Jan 2019

See all articles by Andrew L. Oringer

Andrew L. Oringer

Dechert LLP; Hofstra University - Maurice A. Deane School of Law

Date Written: January 3, 2019

Abstract

We return to the land of the Fifth Circuit for a ruling by a Texas district court in Texas v. United States that the entirety of the Patient Protection and Affordable Care Act was rendered unconstitutional in its entirety by the Tax Cuts and Jobs Act of 2017. The ACA has survived two trips to the U.S. Supreme Court. Will it survive what looks to be a third? The author goes through some of the history, and then turns to the Texas decision itself for an exploration of how the issues possibly should be analyzed.

Suggested Citation

Oringer, Andrew L., Is Texas v. US Taxing for Obamacare? (January 3, 2019). Law360 (Jan. 3, 2019). Available at SSRN: https://ssrn.com/abstract=3309953

Andrew L. Oringer (Contact Author)

Dechert LLP ( email )

1095 Avenue of the Americas
New York, NY 10036-6797
United States
212-698-3571 (Phone)

HOME PAGE: http://www.dechert.com

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

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