The Supreme Court kept the Affordable Care Act alive Thursday, ruling in a 7-2 decision that Texas and 17 other states – plus two individuals – lacked standing to challenge its constitutionality.
The states had argued that the law’s individual mandate was unconstitutional once it no longer carried a penalty because it had been justified as falling under the congressional power of taxation. They also claimed that the rest of the law could not survive without the mandate.
“We do not reach these questions of the Act’s validity, however, for Texas and the other plaintiffs in this suit lack the standing necessary to raise them,” Justice Stephen Breyer wrote in the court’s opinion.
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