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Previous Administration / Re: Trump Administration
« on: November 11, 2020, 12:09:16 PM »Probably not in this case.Supreme Court appears ready to uphold Affordable Care Act over latest challenge from Trump, GOPQuestioning by justices is a rather unreliable guide as to how they will vote.
Alito and Breyer and others questioning whether the states have standing.
That is, how are they harmed?
Kavanaugh sees this as a simple severability case if the $0 mandate is deemed unconstitutional (ie not a tax because it doesn't raise any revenue anymore).
Roberts thinks it's bunk in many ways.
Right now, Thomas probably the only justice ready to strike down the entire ACA.
Possibly Barrett too, but would she want to start off so harsh and strident?
I'm guessing SCOTUS might just dump the case of lack of standing.
And if there are 5 or 6 votes agreeing the $0 mandate is not a tax and therefore beyond Congress' power, they'll likely be 6 or more votes for severability, just cutting out the mandate and leaving the law in place.
Not surprising. Pandemic raging and the SCt is going to take insurance away from 23M Americans? Not likely. Roberts is going to keep things under control for a while longer, until the other 5 conservatives start ignoring him and doing as they please.
CJ Roberts made the point
“It’s hard for you to argue that Congress intended the entire act to fall if the (tax)mandate were struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,
Obviously Congress hoped SCOTUS would do the work for them.
This version of SCOTUS, with Amy Barrett aboard,now is flipping the script and telling Congress to put its big boy pants on.