AEI Event | Sense and severability: If one part of the Affordable Care Act is ruled unconstitutional, what is the proper remedy or resolution?

On December 14, a federal district court in Texas ruled that the current version of the Affordable Care Act’s (ACA) individual mandate was unconstitutional. This is a link to two panel discussions on the often-overlooked law of severability and what might happen to the rest of the ACA if that finding holds up on appeal.The first panel discussed the current state of severability, how consistently it is applied, and whether there are possible alternatives that could improve it. The second panel discussed how severability law should be applied properly as this case advances. If an appellate court upholds the district court decision on constitutional issues, it still must decide what to do next. The primary options including striking down only the individual mandate (full severability), severing other functionally linked ACA insurance regulation provisions (partial severability), and finding that the entire ACA cannot be sustained.

Source: Sense and severability: If one part of the Affordable Care Act is ruled unconstitutional, what is the proper remedy or resolution?

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