Costituzionalmente non illegittimo, ma ormai privo di nerbo: l’Obamacare dopo la presidenza Trump. Note a margine di SCOTUS, Texas v. California

The paper analyzes the recent decision of the Supreme Court of the United States in Texas v. Califor- nia. The judgment sets out, since the lack of legal standing, the new dispute concerning the Affor- dable Care Act (ACA) and, in particular, the so-called individual mandate, which at the beginning was supported by a pecuniary sanction and is now deprived of any form of enforcement. This inno- vation had led a district court to rule on its constitutional illegitimacy; on the contrary, the Supreme Court, while not addressing the merits, resolved the issue by excluding that the plaintiff – Texas, joined by several Republican-led states and two private citizens – had the standig to bring the matter before the federal judiciary: deprived of the sanction, the individual mandate is in fact in no way able to cause an injury such as to require the remedial intervention of the judge.