On Thursday, June 17, 2021, the U.S. Supreme Court, by a 7 to 2 vote, held that the plaintiffs in a lawsuit challenging the constitutionality of the ACA lacked standing to bring the action and ordered the case to be dismissed (California et al v. Texas et al, No. 19-840). 

In a letter from the Deputy Solicitor General to the Supreme Court dated February 10, 2021, the Biden administration reversed the position of the Trump administration and argued in favor of upholding the constitutionality of the entire Affordable Care Act (ACA) in the case pending before the Court.

On Thursday, January 7, 2021, the U.S. District Court for the District of Columbia held that the Provider Reimbursement Review Board of the U.S. Department of Health and Human Services (DHHS) lacked jurisdiction to consider hospitals’ objections to adjustments to some of their Medicare reimbursements carried out by the Secretary of DHHS.

On Tuesday, November 10, 2020, the U.S. Supreme Court heard oral arguments on the third case challenging the constitutionality of the ACA.  The case brought by a number of Republican State Attorney Generals arose because Congress reduced the penalty attached to the individual mandate to zero.