The
early
years
of
the
ACA
were
fraught
with
existential
threats.
Plans
were
laid
to
repeal
or
defund
it.
Litigation
challenged
the
validity
of
various
aspects
of
the
law,
going
all
the
way
to
the
Supreme
Court
in
a
couple
of
cases.
And
yet
it
has
survived,
more
or
less
intact.
But
then
something
curious
happened
late
last
year.
Buried
within
a
massive
package
of
federal
tax
reform
legislation
was
a
short
provision
that
eliminated
the
tax
penalty
associated
with
the
ACA’s
“individual
mandate”
but
left
the
mandate
itself
on
the
books.
It
was
effectively
a
repeal
of
the
mandate
(would
anyone
obey
speed
limits
if
the
police
said
they
would
never
issue
speeding
tickets?),
but
for
reasons
related
to
legislative
procedure,
the
mandate
technically
remained.
Why
does
this
matter?
In
2012,
the
Supreme
Court
was
asked
to
rule
on
the
constitutionality
of
the
ACA’s
individual
mandate.
The
challengers
argued
that
Congress
did
not
have
the
authority
under
the
U.S.
Constitution
to
require
Americans
to
purchase
health
insurance
coverage.
The
Supreme
Court
agreed
with
them
but
went
on
to
say
that
the
mandate
was
still
okay,
because
Congress
does
have
the
authority
to
impose
taxes,
and
the
individual
mandate
was
a
type
of
tax.
But
now
there’s
no
longer
any
tax.
Just
the
mandate.
See
the
problem?
A
number
of
states
saw
the
problem
too
and
have
brought
yet
another
lawsuit
challenging
the
validity
of
the
individual
mandate.
They
might
have
a
good
argument.
