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.

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

E. Mostacci
2021

Abstract

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.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11567/1065110
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