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Supreme Court: Justices Will Consider Constitutionality of ACA’s Individual Mandate Again
SCOTUSblog Nov. 5, 2020 "Before the justices can turn to the main questions in the case -- whether the mandate is still constitutional and, if not, what should happen to the rest of the ACA -- they must resolve a threshold question: whether the challengers have a legal right to sue, known as standing.... If the justices agree with the challengers that at least one of them has standing to challenge the mandate, then they will move on to decide whether the mandate as currently drafted is constitutional.... If there are five votes to strike down the mandate, then the justices must decide the final and most consequential question, known as severability: whether the mandate can be separated from the rest of the ACA, or whether some or all of the ACA must also be invalidated along with it." [California v. Texas, No. 19-840; Texas v. California, No. 19-1019 (cert. pet. granted Mar. 2, 2020)] |
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