In Supreme Court Litigation, Biden Administration Asserts That ACA's Individual Mandate Is Constitutional and Severable | Practical Law
The Office of the Solicitor General in the US Department of Justice (DOJ) filed a letter informing the US Supreme Court that it is now the Biden administration's position that the Affordable Care Act's (ACA's) individual mandate is constitutional (despite the tax penalty associated with the mandate being reduced to zero by 2017's Tax Cuts and Jobs Act (TCJA)). DOJ also asserted in its letter that even if the individual mandate is held to be unconstitutional, the provision is severable from the rest of the ACA.