The United States Court of Appeals for the Fifth Circuit on Wednesday ruled 2-1 that the Affordable Care Act’s (ACA) individual mandate is unconstitutional because “it can no longer be read as a tax, and there is no other constitutional provision that justifies this exercise of congressional power.”
Circuit Judge Jennifer W. Elrod began by separating issues of policy from issues of law.
“Some say that the Act is a much-needed solution to the problem of increasing healthcare costs and lack of healthcare availability. Many of the amici in this case, for example, argue that the law has extensively benefitted everyone from children to senior citizens to local governments to small businesses,” Elrod wrote. “Others say that the Act is