Thursday, December 20, 2018

Three Short and Sweet Possible Legislative Responses to Texas v. United States

Richard Primus

Nick Bagley and I have a short piece in The Atlantic offering the incoming House of Representatives three strategies for super-simple legislation that would end the litigation in Texas v. United States and preserve the ACA.  One would raise the penalty for not carrying insurance from nothing to one dollar; one would clarify that the mandate is severable; one would just repeal the mandate, which, given the absence of a penalty, now hangs atavistically around the ACA like a human appendix, doing nothing useful but threatening to blow up the whole system if attacked from the outside.  We also offer brief thoughts on why it's worth the House's time to adopt one of these fixes even though the Senate's leadership is less keen on the ACA.  The piece is here.

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