On December 18, the Fifth Circuit Court of Appeals issued its decision in the case of Texas v. United States, Docket No. 1-10011 (5th Cir. Dec. 18, 2019). The decision strikes at a core element of 2010 Patient Protection and Affordable Care Act (ACA). The decision held that the so-called “individual mandate” of Internal Revenue Code §5000A is unconstitutional.
Necessary Historical Background
The ACA was intended to force all Americans to purchase government approved health insurance, either through private insurance companies of through government run insurance “Exchanges.” The idea was that by forcing generally healthy individuals and young people (who otherwise might choose not to purchase health insurance) into the medical insurance pool, the cost of insurance would go down overall.