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1 1 (March 7, 2019)

handle is hein.crs/govzia0001 and id is 1 raw text is: - Congressional ______ *.Research Service UPDATED: District Court Strikes the Individual Mandate and Declares the Affordable Care Act Invalid: What Happened and What Lies Ahead? Updated March 7, 2019 UPDATE 3/7/2019: In December 2018, the district court in Texas v. United States issued a partialfinal order and stayed its judgment pending appeal. The Department ofJustice and the intervening state plaintiffs subsequently appealed the lawsuit to the US Court ofAppeals for the Fifth Circuit. The Fifth Circuit also granted motions filed by the US. House ofRepresentatives and four additional state attorneys general to intervene in the litigation and defend the validity of the Patient Protection and Affordable Care Act (ACA). Separately, in February 2019, the US. District Court for the District ofMaryland rejected the State of Maryland's request (discussed below) for a declaration that the A CA is constitutional and enforceable and dismissed the case. The original post from December 20, 2018, follows below. On Friday, December 14, 2018, a federal judge for the U.S. District Court for the Northern District of Texas ruled in Texas v. United States that the individual mandate of the Patient Protection and Affordable Care Act (ACA), as amended in the 115th Congress, is unconstitutional. Furthermore, the Texas court concluded that the challenged provision was so essential to the remainder of the ACA that the entire law should fall as well. Despite reaching this conclusion, the court has not yet issued an injunction against the federal government prohibiting the implementation or enforcement of the ACA. After summarizing the relevant portions of the ACA and the prior litigation surrounding the individual mandate, this Sidebar will discuss the Texas court's analysis of the constitutional questions involved, its conclusion that the individual mandate is nonseverable from the rest of the ACA, and the next steps in the litigation that may be expected. Congressional Research Service https://crsreports.congress.gov LSB10235 CRS Legal Sidebar Prepared for Members and Committees of Congress

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