Last week, the Biden Administration switched the Department of Justice’s (DOJ) position on the constitutionality of the individual mandate in the Affordable Care Act (ACA) that was argued on Nov. 10 in the Supreme Court (SCOTUS) case, California v Texas. It is now the DOJ’s position that the individual mandate is constitutional even though Congress reduced the monetary penalty for not having health insurance to $0. Additionally, if SCOTUS finds that the individual mandate is unconstitutional, DOJ also argues that it is severable from the rest of the ACA. Since CA v TX was heard three months ago and a favorable outcome for the Biden Administration’s position is likely, the DOJ is not requesting a supplemental briefing to SCOTUS. Their decision should come this spring or summer.

For more information, contact Government Affairs Analyst Tyler Shrive

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