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From Health Reform WK-EDGE, April 11, 2019

DOJ urges Fifth Circuit to affirm case repealing the ACA

By WK Editorial Staff

The U.S. Department of Justice (DOJ) filed a letter asking the Fifth Circuit to affirm a Northern District of Texas ruling which found the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) unconstitutional in the absence of the law’s individual mandate.

The U.S. Department of Justice (DOJ) has filed a letter with the U.S. Court of Appeals for the Fifth Circuit, urging the court to affirm the decision of a Texas Federal District Court (Texas v. U.S., December 14, 2018) in which it held that the Patient Protection and Affordable Care Act (ACA) was unconstitutional (see Federal judge lets ACA fall, saying Congress sawed off its last leg, December 19, 2018).

Specifically, the district court held that because the mandate to buy insurance is unconstitutional and inseverable, the entirety of the ACA is unconstitutional and invalid. The DOJ will file a brief on the issue. The district court ruling has been stayed by the Fifth Circuit pending the appeal.

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