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On December 14, a federal district court in Texas ruled that the current version of the Affordable Care Act’s (ACA) individual mandate was unconstitutional. Join our AEI panel to learn how the severability law should be applied properly as this case advances. If an appellate court upholds the district court decision on constitutional issues, it still must decide what to do next. The primary options including striking down only the individual mandate (full severability), severing other functionally linked ACA insurance regulation provisions (partial severability), and finding that the entire ACA cannot be sustained.
Our panelists are Josh Blackman, Jim Blumstein, Ted Frank, Ilya Somin, and AEI’s Thomas P. Miller.More