On December 14, a federal judge in Texas issued a decision in the Texas v Azar case. The judge, as outlined in his decision, ruled:
“The Court finds the Individual Mandate ‘is essential to’ and inseverable from ‘the other provisions’ of the ACA.”
In short, the judge ruled that the Affordable Care Act, in its entirety, is unconstitutional. The impact of this decision is not immediate. The judge did not require an immediate suspension of the law or its provisions and the White House quickly clarified that the law would continue to be applicable, pending future appeals. It is almost certain that the case will be appealed to the 5th Circuit in New Orleans.
The American Academy of Family Physicians issued a statement on December 15 regarding the decision and there is an article in AAFP News that recently went live on the AAFP website. The AAFP is in the very early stages of its strategy in response to this decision and will be working closely with its collaborative partners on a strategy to protect the ACA and its many provisions.
For more information on the Texas v Azar decision, please refer to following published analyses: