Is Texas V. US Taxing For Obamacare?

January 03, 2019

To paraphrase Ronald Reagan (or maybe Dolly Parton): Here we go again. Earlier in the year the U.S. Court of Appeals for the Fifth Circuit dispensed with arguably one of the two or three most significant initiatives of the Obama administration when it vacated the U.S. Department of Labor's amended fiduciary rule.

We now return to the land of the Fifth Circuit for a ruling by a Texas district court in Texas v. United States that the entirety of the Patient Protection and Affordable Care Act, probably the consensus Number One legislative initiative of the Obama era, was rendered unconstitutional in its entirety by the Tax Cuts and Jobs Act of 2017 (tax reform). The ACA has survived two trips to the U.S. Supreme Court, first with National Federation of Independent Business v. Sebelius and later (in a manner of speaking) with King v. Burwell. Will it survive what looks to be a third?

For more information, please read Is Texas V. US Taxing for Obamacare.