Bloomberg Law | June 17, 2021
“This is a pretty resounding ruling on standing,” said Katie Keith, a health law professor at Georgetown University. Keith earlier worried a decision on legal standing might give Texas, the lead plaintiff in the case, an opportunity to try again. If the state could show better evidence that the toothless individual mandate really did boost enrollment in state-run insurance plans like Medicaid and the Children’s Health Insurance Program (CHIP), it would bolster the argument that the state is harmed by increased costs. But she thinks the court closed the door on that possibility. “If I was the Texas Attorney General’s office or someone else, I would really think twice, three times, seven times before I try to bring back the same challenge,” she said, noting the 7-2 decision from the court.