2021-39: ACA challenge fails again - Spidell

2021-39: ACA challenge fails again


Today the U.S. Supreme Court upheld the Affordable Care Act in the third challenge to the Act brought before the Court. (California v. Texas (June 17, 2021) U.S. Supreme Court, Case No. 19-840) This means that taxpayers will not be receiving refunds from any protective refund claims that may have been filed.

Although the Court denied the challenge to the Act, it did so on procedural grounds, finding that because the Tax Cuts and Jobs Act lowered the penalty for failing to obtain minimum essential coverage to $0, the plaintiffs were unable to show any harm for which relief could be granted. This means we may see yet another challenge coming to the ACA in the future.

The Court’s decision is available at:

www.supremecourt.gov/opinions/20pdf/19-840_6jfm.pdf

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