California v Texas and the Future of the Affordable Care Act White paper

On November 10, 2020, the United States Supreme Court is scheduled to hold oral argument in California v. Texas (Dkt. No. 19-840), a case in which the Trump administration and several Republican-led states have asked the Court to strike down the Affordable Care Act (“ACA”) in its entirety. While the majority of ACA has survived prior legal challenges, there is significant speculation that the recent passing of Justice Ruth Bader Ginsburg and the likely confirmation of Judge Amy Coney Barrett could change the potential alignment of the Supreme Court, creating to a conservative majority willing to strike down the individual mandate, the mandate and the insurance market reform provisions, or even all of the ACA.

This white paper provides an overview of potential outcomes in California v. Texas and the impact of those potential decisions on the future of the ACA. In particular, we examine how the Court may address whether the ACA’s individual mandate is severable from the rest of the statute and whether the remaining portions of the ACA may survive even in the event the individual mandate is struck down. Download the white paper here.