unwilling to throw out the entire ACA.The Supreme Court ruled the tax penalty constitutional in National Federation of Independent Business v.
Sebelius (2012), but without the penalty in place anymore, plaintiffs are arguing the law causes an unconstitutional undue burden on them.Lambda Legal filed a 34-page amicus brief May 13 arguing that throwing out the entire ACA would go against the intent of Congress, which not only passed the law but which has failed to repeal it in spite of multiple attempts along party lines since its 2010 passage."In accordance with Congress's intent, the court should uphold the constitutionality of the ACA's (currently inoperative) individual mandate.