Blue states can defend ACA in latest lawsuit, judge says

The details: The latest lawsuit, filed by Texas and a group of other red states, aims to revive the legal debate over the ACA's individual mandate — which the Supreme Court upheld in 2012.

• The Supreme Court viewed the mandate as a tax. It said Congress can use tax penalties to discourage certain behavior (in this case, being uninsured).
• When Congress "repealed" the individual mandate earlier this year, what it actually did was drop the penalty down to $0. Technically, the requirement to purchase insurance is still on the books — there's just no penalty for defying it.
• Texas argues that the Supreme Court upheld the penalty, not the underlying requirement, and now the underlying requirement is all that's left.

Between the lines: In asking to join the case, blue states said they "have a strong interest in protecting their existing healthcare infrastructure and the orderly operation of their healthcare systems, which would be thrown into disarray if the ACA were ruled unconstitutional."

• If they hadn't been allowed to intervene, the job of defending the ACA would have fallen solely to the Justice Department. And Democrats feared that defense would not have been very strong.