Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

ACA Survives “[T]hird Installment in [U.S. Supreme Court’s] epic Affordable Care Act [T]rilogy”

By Yvonne Puig (US), Mark Faccenda (US), Jeff Wurzburg (US) & Hayley White (US) on June 17, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

On Thursday, June 17, 2021, in a 7-2 opinion, the U.S. Supreme Court upheld the Affordable Care Act (“ACA”) in the case California v. Texas. The Court held that Texas, the other plaintiff states, and the two individual plaintiffs did not have standing to challenge as unconstitutional the ACA’s minimum essential coverage provision. The plaintiffs claimed that Congress’ repeal in 2017 of the penalty for failing to comply with the minimum essential coverage provision led to this provision being unconstitutional, and that without this penalty, the rest of the ACA is unconstitutional and not severable.

The Supreme Court found that plaintiffs did not have standing because they could not show past or future injury that is “fairly traceable” to the enforcement of the minimum essential coverage provision. Not convinced by plaintiffs’ arguments to link their past and future payments or administrative burdens as harm, Justice Breyer for the majority explained that, without the penalty for non-compliance with the minimum essential coverage provision, there is no injury attributable to this provision; in addition, the unenforceable language alone is insufficient to show an injury or threat of enforcement.

The White House released a statement following the ruling today calling it “a major victory for all Americans benefitting from this groundbreaking and life-changing law” and that the Court’s “decision affirms that the [ACA] is stronger than ever[.]”

Photo of Yvonne Puig (US) Yvonne Puig (US)

US Head of Life Sciences and Healthcare Yvonne Puig has a substantial commercial litigation practice in both state and federal courts. She represents hospitals, HMOs, managed care organizations, medical schools and other institutional health care providers and educational services companies. A partner in…

US Head of Life Sciences and Healthcare Yvonne Puig has a substantial commercial litigation practice in both state and federal courts. She represents hospitals, HMOs, managed care organizations, medical schools and other institutional health care providers and educational services companies. A partner in Norton Rose Fulbright’s Austin office, Yvonne’s practice involves commercial and health care litigation, antitrust, regulatory and compliance advice, crisis management, staff privileges, exclusive contracting and administrative law.

Read more about Yvonne Puig (US)Email
Show more Show less
Photo of Mark Faccenda (US) Mark Faccenda (US)
Read more about Mark Faccenda (US)Email
Photo of Jeff Wurzburg (US) Jeff Wurzburg (US)
Read more about Jeff Wurzburg (US)Email
Photo of Hayley White (US) Hayley White (US)
Read more about Hayley White (US)Email
  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Health Law Pulse
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo