The Volokh Conspiracy

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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.