Twenty states file a lawsuit alleging the ACA is unconstitutional without the individual mandate penalty

A group of twenty states has filed a lawsuit against the Trump administration alleging that the Affordable Care Act (ACA) is unconstitutional.  Plaintiffs take the position that the elimination of the individual mandate penalty in  the Tax Cuts and Jobs Act (Pub. L. No. 115-97), without a corresponding elimination of the individual mandate, renders the ACA unconstitutional.  The case was filed in the United States District Court for the Northern District of Texas on February 26, 2018.  President Obama signed the ACA into law on March 23, 2010.  Later that same day thirteen states filed a lawsuit against the Obama administration, alleging that the requirement under section 5000A of the Internal Revenue Code that applicable individuals maintain minimum essential coverage (the individual mandate) or make a shared responsibility payment (the penalty) was unconstitutional.  The Government argued that Congress had the authority to impose the individual…

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