Thursday, January 17, 2019
Andrew L. Oringer (Hofstra), Is Texas v. U.S. Taxing for Obamacare?
We return to the land of the Fifth Circuit for a ruling by a Texas district court in Texas v. United States that the entirety of the Patient Protection and Affordable Care Act was rendered unconstitutional in its entirety by the Tax Cuts and Jobs Act of 2017. The ACA has survived two trips to the U.S. Supreme Court. Will it survive what looks to be a third?
The author goes through some of the history, and then turns to the Texas decision itself for an exploration of how the issues possibly should be analyzed.