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Fifth Circuit Weighs In on ACA; Remands Severability Question to District Court for Closer Examination
Accord
Dec. 19, 2019 "The Fifth Circuit determines that given the complexity of the severability doctrine and the unique challenges presented by the extensive, complex and frequently-amended ACA, the District Court fell short of the standard needed for determining whether the entire ACA was inseverable from the Individual Mandate.... [T]he Fifth Circuit instructs the District Court to do the necessary legwork of parsing through the 900 pages of the post-2017 ACA explaining how each particular provision is inseverably linked to the Individual Mandate." [Texas v. U.S., No. 19-10011 (5th Cir. Dec. 18, 2019)] MORE >> |
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