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 the evening of Friday, December 14, 2018, U.S. Federal District Court Judge Reed O’Connor of the Northern District of Texas held, “The Court…declares the Individual Mandate (of the ACA) … unconstitutional”. In addition, the judge stated in his opinion, “Further, the Court declares the remaining provisions of the ACA…are inseverable and therefore invalid”.