Last Tuesday, the U.S. Fifth Circuit Court of Appeals located in New Orleans heard oral arguments on whether to let stand a U.S. District Court decision last December that struck down the entire Affordable Care Act.
The District Court judge in Texas ruled that since Congress repealed the tax penalty relating to the ACA’s individual mandate, the individual portions of the ACA cannot stand alone and that the entire law must be scrapped.
Hospital interests, consumer groups, 21 Democratic Attorneys General (including Massachusetts AG Maura Healey), and numerous state hospital associations (including MHA) are opposing the District Court decision.
The three justices who heard the case last week grilled both sides closely, but it is unclear how – or when – they’ll issue a decision.
This blog post from the American Hospital Association gives a good rundown of what occurred in the courtroom.