Tuesday, January 21, 2020

High Court Declines to Take Up Expedited Review of Fifth Circuit's Obamacare Ruling

The Supreme Court issued a one-sentence order today denying a motion by Obamacare defenders to expedite review of the Fifth Circuit's ruling last month holding the individual mandate unconstitutional.

Recall that the Fifth Circuit ruled the individual mandate unconstitutional (because Congress zeroed out the penalty), but remanded the case to determine whether the mandate is severable from the rest of the Act--and therefore whether any other portions of the Act can stand. The district court previously ruled that the mandate was not severable, and that the entire Act must fall.

The Court's order means that the Court won't rule on the case until after the 2020 presidential election, if at all.

https://lawprofessors.typepad.com/conlaw/2020/01/high-court-declines-to-take-up-expedited-review-of-fifth-circuits-obamacare-ruling.html

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