Fifth Circuit Rules Obamacare Individual Mandate Unconstitutional
http://www.ca5.uscourts.gov/opinions/pub/19/19-10011-CV0.pdf
Texas et al v United States et al, 19-10011 (5th Cir, 18 Dec 2019) Opinion
Before KING, ELROD, and ENGELHARDT, Circuit Judges.
Opinion by JENNIFER WALKER ELROD, Circuit Judge. A dissenting opinion was filed by King, Circuit Judge.
At 44:
In NFIB, the individual mandate—most naturally read as a command to purchase insurance—was saved from unconstitutionality because it could be read together with the shared responsibility payment as an option to purchase insurance or pay a tax. It could be read this way because the shared responsibility payment produced revenue. It no longer does so. Therefore, the most straightforward reading applies: the mandate is a command. Using that meaning, the individual mandate is unconstitutional.
