Update on Litigation to Strike Down the Affordable Care Act

Erin Fuse-Brown
Eric Segall

Abstract

In December 2018, a District Court in Texas held the ACA's individual mandate without a penalty is not a tax and is therefore unconstitutional, that the individual mandate is inserverable from the rest of the ACA, and the entire act must be struck down. Georgia State professors Eric Segall and Erin Fuse Brown discussed the Texas v. United States and its implications for constitutional law, severability doctrine, and health policy.