In response to a joint lawsuit filed by several attorneys general, the Texas District Federal Court (NFIB vs. Sebelius) has now ruled that the individual mandate as required under the Affordable Care Act may no longer be upheld under the Tax Power (following passage of the Tax Cuts and Jobs Act of 2017).  The US Supreme Court had already ruled that the individual mandate could not be severed from the Affordable Care Act, but “under the law as it now stands, the Individual Mandate no longer ‘triggers a tax’ beginning in 2019.  So long as the shared responsibility payment is zero…the Individual Mandate cannot be upheld under Congress’ Tax Power”  This means that the mandate is now unconstitutional.