The U.S. Court of Appeals for the Fifth District announced the panel of judges who will decide a case regarding the constitutionality of the ACA.
The three judges will consider an appeal of U.S. District Judge Reed O'Connor's ruling in Texas v. United States, in which he declared the ACA unconstitutional on the grounds that the individual mandate, without a tax penalty, is unconstitutional and inseverable from the law. The penalty associated with the ACA's individual mandate was eliminated by President Donald Trump's 2017 tax law.
The three-judge panel hearing the case consists of:
- Carolyn King. Ms. King was nominated to the court in 1979 by former President Jimmy Carter.
- Jennifer Elrod. Ms. Elrod was nominated to the court in 2007 by former President George W. Bush.
- Kurt Engelhardt. Mr. Engelhardt was nominated in 2018 by President Trump.
Oral arguments begin July 9.
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