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  1. December 18, 2019

    5th Circ. Nixes ACA Individual Mandate But Remands The Rest

    Congressional action has rendered the Affordable Care Act's individual mandate unconstitutional, a split Fifth Circuit panel ruled Wednesday, kicking the rest of the act back to a lower court with an order that it take a more thorough look at the mandate's severability.

  2. October 04, 2019

    5 Health Care Battles To Watch In Supreme Court's New Term

    As the U.S. Supreme Court kicks off its new term Monday, the justices are poised to take on health care cases involving some of the most controversial policy issues in the country, including abortion rights and the Affordable Care Act. Here, Law360 takes a look at a quintet of major battles to watch.

  3. July 12, 2019

    Native American Cases To Watch In 2nd Half Of 2019

    Native American law practitioners will be keeping close tabs on the U.S. Supreme Court's reboot of a murder case with major implications for tribal jurisdiction in Oklahoma as well as on Fifth Circuit challenges to the Indian Child Welfare Act and the Affordable Care Act and the first trial in the massive opioid multidistrict litigation.

  4. July 11, 2019

    ACA Case Places Age-Old Legal Doctrine In Spotlight

    The notion that the Affordable Care Act must fall if its insurance-purchasing requirement falls ignores a well-settled legal doctrine intended to prevent courts from doing lawmakers' work, a legal scholar said after this week's arguments in the ACA lawsuit before the Fifth Circuit.

  5. July 09, 2019

    5th Circ. Judges Question If ACA Can Stand Without Mandate

    The Fifth Circuit's conservative majority battered Affordable Care Act defenders with questions about how the law can survive without its individual mandate during a Tuesday hearing, expressing skepticism about overturning a Texas federal judge's decision to find the legislation unconstitutional without its penalty for avoiding health insurance.

  6. July 03, 2019

    Meet The 5th Circ. Judges Weighing The ACA's Future

    Highly suspenseful litigation over the constitutionality of the Affordable Care Act is being made all the more dramatic by the composition of a Fifth Circuit panel that appears to have multiple swing votes who could rescue or raze the landmark law.

  7. June 26, 2019

    5th Circ. Asks If ACA's Invalidation Can Be Appealed

    The Fifth Circuit raised the question Wednesday of whether the Democrat-controlled U.S. House of Representatives and blue states can continue to defend the Affordable Care Act in the appeal of a district court's invalidation of the landmark law.

  8. May 22, 2019

    Dems Warn Of Judicial Overreach As ACA Arguments Loom

    A district court's invalidation of the entire Affordable Care Act was an egregious misuse of judicial power, Democratic lawmakers and state attorneys general told the Fifth Circuit on Wednesday, setting the stage for oral arguments on the ACA's fate.

  9. May 01, 2019

    Trump, GOP Urge 5th Circ. To Nuke Affordable Care Act

    The Trump administration and nearly 20 Republican-led states pressed the Fifth Circuit on Wednesday to torpedo the Affordable Care Act, asserting that the elimination of the law's individual mandate penalty has doomed the act.

  10. April 10, 2019

    5th Circ. Puts ACA Appeal On Fast Track

    The Fifth Circuit agreed Wednesday to speed up a closely watched legal battle over the Affordable Care Act, setting oral arguments for July.

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