Title: The Supreme Court hasn’t heard, but Congress saved the ACA in March.
Headings: Mitch McConnell May Have Accidentally Saved Obamacare
Mitch McConnell May Have Accidentally Saved Obamacare
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Content: A federal appeals court agreed that the mandate was unconstitutional but did not rule on whether the Affordable Care Act could be severed from the mandate. The case—and the severability question—now sit before the Supreme Court. Advertisement
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Together, the Families First Coronavirus Response Act and the CARES Act answer the severability question. As a practical and constitutional matter, there is no mandate. Congress knows this. It did away with the mandate by making it toothless in 2017. Since then, two federal courts have ruled the nonenforceable mandate unconstitutional. This shouldn’t, however, moot the entire law. Congress made this clear when it amended and expanded the Affordable Care Act—via the Families First Coronavirus Response Act and the CARES Act—to respond to the COVID-19 pandemic. Popular in News & Politics
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