The Affordable Care Act has been quite controversial since it was introduced and enacted by Congress under the Obama Administration. The individual mandate and tax penalty have been major sticking points. According to The Hill, when Congress ended the tax penalty under President Trump, it changed the previous Supreme Court ruling on the constitutionality of the ACA. This has led to 20 states, Wisconsin included, to file a lawsuit that it is no longer constitutional.
The allegations are that the ACA is no longer valid because the tax penalty was removed without removing the individual mandate. The states explain that requiring people to have health insurance is not a power Congress has. Having that mandate remain in the ACA as a core part of the law makes the whole law illegal.
As Healthcare Finance explains, opponents of the healthcare act always felt it was unconstitutional, but the Supreme Court upheld it because it said Congress has the power to tax the people, which was a key component of the law. However, with that component out, the law is now overstepping Congress’ authority. The Supreme Court’s original ruling even says as much stating that without the penalty, the law is unconstitutional.
These states claim the ACA now gives too much power and authority to the federal government when it comes to health insurance. It is driving up costs and needs to be repealed. The hope is that the ACA can be replaced with a better, more effective law that lowers costs and makes healthcare more accessible.