Reasons to be skeptical about latest Obamacare mandate case

Published February 28, 2018 2:59pm ET



Twenty states led by Texas and Wisconsin have filed a suit that seeks to revisit the individual mandate issue as part of a bid to force the Trump administration to repeal all of Obamacare, but there are a number of reasons to be skeptical it can prevail.

As reported by my colleague Kimberly Leonard, the suit contends that Republicans’ repeal of the individual mandate’s penalties renders the mandate unconstitutional under the 2012 decision that previously upheld the mandate as a lawful exercise of Congress’ taxing power. Now that the penalty for going uninsured is zero dollars, the suit contends, there is no tax, and thus it can no longer be held constitutional. The suit then argues that the mandate is inextricably linked to the rest of the law, so if the mandate is unconstitutional, the entire law must be struck down.

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