The Washington Post explains. “Did changes made by Congress in 2017 render unconstitutional the ACA’s requirement for individuals to buy insurance?
And if so, can the rest of the law be separated out, or must it fall in its entirety?”Opponents of the ACA are still arguing that the mandate makes it unconstitutional. “It is a naked command to purchase health insurance, and as such, it falls outside Congress’s enumerated powers,” Kyle Hawkins, solicitor general of Texas, said in court Tuesday, the Post reports.But in a 2012 case challenging the ACA, Chief Justice John Roberts said the mandate and the associated fine were constitutional because they fell under Congress’s powers to impose taxes.