Rise of the Know-Nothing Judge

Nicholas Bagley
Rise of the Know-Nothing Judge

If you’ve heard anything about the Texas lawsuit seeking to blow up the Affordable Care Act, you’ve heard that it involves yet another constitutional challenge to the individual mandate. What they’re fighting about, instead, is what Congress meant to do, in late 2017, when it wiped out the tax penalty for going without coverage. At the time, President Donald Trump crowed, “The very unfair and unpopular Individual Mandate has been terminated as part of our Tax Cut Bill.” Congressional Republicans said the same.