Erin Sweeney* and Anthony Shelley will present a webinar on Affordable Care Act (ACA) constitutionality to the American Benefits Council on February 7, 2019. This webinar will delve into the "civil war" between the red and blue states (and the federal government) in Texas over the legality of the ACA. In the latest twist in this litigation drama, Judge Reed O'Connor of the Northern District of Texas held the entire ACA unconstitutional after concluding that the individual mandate was inseverable from the ACA. This webinar will review the court's decision, the subsequent stay, and the issues the decision and stay raise, including a deeper dive into "congressionally inflicted" injury, severability, the Commerce Clause, the federal taxing power, and the perennial favorite - standing.  The webinar will then analyze the potential implications of the court's ruling, the prospects on appeal, and the ACA's status pending appeal.

*Former Miller & Chevalier attorney