Fifth Circuit Holds the Individual Mandate Unconstitutional: Implications for Congress [December 23, 2019] [open pdf - 626KB]
From the Document: "On December 18, 2019, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) issued its decision in 'Texas v. United States' on the constitutionality of the Patient Protection and Affordable Care Act's (ACA's) requirement for individuals to maintain health insurance (the so-called 'individual mandate') and the continued validity of the remainder of the Act. The Fifth Circuit affirmed a district court ruling that Congress lacked the constitutional authority to enact the individual mandate, as amended by the subsequent 2017 tax revision, but declined to resolve a broader issue: what happens now to the ACA's remaining provisions? The Fifth Circuit reversed the district court's decision on this severability question and sent the case back to the district court to 'explain with precision how particular portions of the ACA as it exists post-2017 rise or fall on the constitutionality of the individual mandate.' This Sidebar provides background on 'Texas'; discusses the Fifth Circuit's decision; highlights potential effects of the decision and possible next steps for the case; and identifies legislative options for Congress."
CRS Legal Sidebar, LSB10389
Congressional Research Service: https://crsreports.congress.gov/