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 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. 

On January 21, 2020, the U.S. Supreme Court refused to fast-track a review of requests appealing the Fifth Circuit decision holding the Affordable Care Act’s (ACA’s) “mandate” to be unconstitutional. 

Following last month’s decision by the Fifth Circuit Court of Appeals holding the “mandate” of the Affordable Care Act (ACA) to be unconstitutional, the states defending the ACA requested the U.S. Supreme Court hear the case during its current term.