I do not think we know exactly the circumstances yet.
First it has to be appealed to the Fith Circuit. Who has standing to appeal is not clear. But lots of leftist activist groups will claim standing. Notice the DOJ did not attempt to defend this case.
From ksla.com: The Supreme Court upheld that part of the law in 2012, ruling it fell in line with Congress’ power to levy taxes.
Congress, however, eliminated the tax penalty last December as part of President Trump’s major tax overhaul.
A group of 20 states led by Texas sued to invalidate the law, arguing that, therefore, the mandate without a tax penalty attached was unconstitutional, and so too the rest of the law. The Justice Department had also announced in June it would not defend the ACA in the case, endorsing that argument.
“Once the heart of the ACA - the individual mandate - is declared unconstitutional, the remainder of the ACA must also fall,” the suit said.
Judge O’Connor, a George W. Bush appointee, agreed.
“The court … declares the Individual Mandate UNCONSTITUTIONAL,” his judgment concluded. “Further, the Court declares the remaining provisions of the ACA are INSEVERABLE and therefore INVALID.”Who will appeal? Not sure. Someone will.
Who will appeal? Tge defendants who lost. There are 14 states who joined the lawsuit as defendants against the 20 states who were plaintiffs.