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.