DOJ urges 5th Circuit to affirm case repealing the ACA
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Tuesday, April 2, 2019

DOJ urges 5th Circuit to affirm case repealing the ACA

By Payroll and Entitlements Editorial Staff

The U.S. Department of Justice (DOJ) has filed a letter with the U.S. Court of Appeals for the 5th Circuit (5th Circuit) urging that the Court affirm the decision of a Texas Federal District Court (Texas v. U.S., (N.D. Tex.), No. 4:18-cv-00167-O, December 14, 2018) in which it held that the Affordable Care Act (ACA) was unconstitutional (see Payroll Management Guide Report Letter 1533/2585, January 2, 2019). Specifically, the District Court held that because the mandate to buy insurance is unconstitutional and inseverable, the entirety of the ACA is unconstitutional and invalid. The DOJ will file a brief on the issue. The District Court ruling has been stayed by the 5th Circuit pending the appeal. (U.S. Department of Justice Letter, March 25, 2019.).

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