Affordable Care Act

California v. Texas on Remand

The Fifth Circuit orders dismissal.


Yesterday, the U.S. Court of Appeals for the Fifth Circuit disposed of California v. Texas on remand. It issued a brief per curiam order which reads in full:

In an opinion issued on June 17, 2021, the Supreme Court of the United States vacated this court's judgment and remanded the case to us with instructions to dismiss. California v. Texas, 141 S. Ct. 2104, 2120 (2021). In accordance with that decision, we now VACATE the judgment of the district court in its entirety and REMAND the case to the district court with instructions to dismiss the case. The Clerk is directed to issue the mandate forthwith.

California v. Texas will not be the last ACA case, but this is almost the last we will hear of California v. Texas.

For those interested, my prior posts on this litigation are indexed here.

NEXT: Today in Supreme Court History: July 23, 1936

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  1. Remember when Blackman sagely predicted, with no basis whatsoever, that something other than this would happen?

    1. I mean TBF he had to predict that because he and Ilya Shapiro wrote the CATO amicus brief in favor of plaintiffs.

      Looking at the amicus lineup was pretty interesting. It was such a clown show on the Texas side compared to everyone supporting California. Also notable absences like NFIB and Chamber of Commerce.

  2. When you say not the last ACA case do you mean just the endless issues that will come up in any large federal regulatory regime and spending program, or do you mean this isn’t the last attempt to destroy the law judicially?

    1. It’s not the last attempt to destroy the law judicially. Even though you would think there couldn’t be a more comical argument than this one I’m sure someone will come up with something worse.

  3. We should all move on to Health Maintenance Account with $3500 put in each year from birth, even for the poor. Buy an Index Fund with no decision making allowed. Have insurance with a $50000 deductible. The money belongs to the holder. Die healthy at 90, the heirs get $2 million.

  4. Do conservatives really care much about ‘Obamacare’ this far out from the Kenyan Muslim’s Reign of Terror? Maybe if some regulations can work some up some from of ‘CRT’ programs as part of it it would get back on their map but this kind of stuff seems like re-enacting the Civil War…

    1. With respect to health care, pointlessly nipping at modern America’s ankles is about all the right-wingers have left.

      I just hope that American universal health care, when implemented, is formally named Obamacare.

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