The US Court of Appeals for the Fifth Circuit on Wednesday ruled the individual mandate of the Affordable Care Act (ACA) is unconstitutional but declined to strike down the entire law. Instead, the 2-1 ruling remanded the question of severability (whether the ACA can remain legal without the individual mandate) back to the original district court.
When the constitutionality of the ACA was originally contested, the Supreme Court upheld the ACA under Congress’ authority to tax.
