AG Derek Schmidt: Tax-law change makes ACA individual mandate unconstitutional

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TOPEKA – (February 27, 2018) – Kansas Attorney General Derek Schmidt yesterday joined a 20-state coalition urging a federal district court in Texas to declare the Affordable Care Act’s (ACA) individual mandate unconstitutional because Congress repealed the tax penalty associated with it. In NFIB v. Sebelius, the U.S. Supreme Court in 2012 narrowly upheld the core provision of the ACA – the individual mandate to buy insurance – as a “tax” because of the financial penalty imposed for failing to have the mandated coverage. But in December 2017, Congress repealed this tax, while leaving just the raw mandate in place. Since the Supreme Court has already held that Congress has no authority to impose the mandate on Americans without invoking its...

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AG Derek Schmidt: Tax-law change makes ACA individual mandate unconstitutional

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