Thursday, June 17, 2021

ACA Still Stands

[W]e conclude that the plaintiffs in this suit failed to show a concrete, particularized injury fairly traceable to the defendants' conduct in enforcing the specific statutory provision they attack as unconstitutional.  They have failed to show that they have standing to attack as unconstitutional the Act's minimum essential coverage provision.  Therefore, we reverse the Fifth Circuit's judgment in respect to standing, vacate the judgment, and remand the case with instructions to dismiss.

It is so ordered.

-- Justice Stephen Breyer, writing for the 7-2 Supreme Court majority in California v Texas, which challenged the constitutionality of the zeroed-out tax mandate provision of the Affordable Care Act, upholding Obamacare for a third time, 17 June 2021

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