Fifth Circuit Reviews Affordable Care Act: Now What?

December 19, 2019 David Coale

The Fifth Circuit has ruled in the closely-watched constitutional challenge to the Affordable Care Act, Texas v. United States, No. 19-10011 (Dec. 18, 2019). Notable more what it does not say than what it does, the 2-1 decision could lead to several different paths going forward.

The Fifth Circuit’s Opinion

The panel majority opinion was written by Judge Jennifer Elrod of Texas, joined by Judge Kurt Englehardt of New Orleans, a recent appointment by President Trump. The opinion’s introduction succinctly summarized its four holdings:

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