Kavanaugh, Roberts Signal Openness to Keeping Obamacare Alive

[mystery-ak]

Tuesday, 10 November 2020 11:59 AM


Two key conservative U.S. Supreme Court justices indicated they are inclined to uphold the bulk of the Affordable Care Act as the court weighed the fate of a landmark law that provides health-insurance to 20 million people.

Chief Justice John Roberts and Justice Brett Kavanaugh both suggested they aren’t prepared to strike down Obamacare entirely even if Republican challengers succeed in invalidating the individual mandate, which requires people to acquire insurance

“I tend to agree with you this a very straightforward case for severability under our precedents, meaning that we would excise the mandate and leave the rest of the act in place,” Kavanaugh told a lawyer defending the law on behalf of the House of Representatives.

President Donald Trump’s administration is joining Republican-led states in challenging the law, which the GOP has been trying to wipe out since it was enacted in 2010.

more
https://www.newsmax.com/politics/scotus-obamacare/2020/11/10/id/996347/

[Jazzhead]

This is an open and shut case.   If penalty is gone,  then the coercion of the ACA is gone too. 

[libertybele]

This is an open and shut case.   If penalty is gone,  then the coercion of the ACA is gone too.

I'm not recalling any rulings from Kavanaugh at the moment, but siding with Roberts is not a good sign.

[Jazzhead]

I'm not recalling any rulings from Kavanaugh at the moment, but siding with Roberts is not a good sign.

Why not?  Roberts is right.   If the ACA is Constitutional with a coercive tax penalty,  then it certainly remains Constitutional with the element of coercion removed. 

[skeeter]

I'm not recalling any rulings from Kavanaugh at the moment, but siding with Roberts is not a good sign.

whatever. without the penalty we’re free to ignore the entire mess.

[sneakypete]

Tuesday, 10 November 2020 11:59 AM


Two key conservative U.S. Supreme Court justices .....

@mystery-ak

What color is the sky on the planet where these two are considered to be "conservatives"?

[Jazzhead]

whatever. without the penalty we’re free to ignore the entire mess.

That's right.  And that is why the ACA is constitutional.  It may be bad policy,  but it remains the lawful choice of our elected representatives.   Trump had four years to present a coherent, conservative alternative.   Now he's lost his chance.

[berdie]

whatever. without the penalty we’re free to ignore the entire mess.

But with the ACA still standing, even without the penalty, is it still allowed to set standards for private policies? That's a problem.

[Fishrrman]

My guess is that this case isn't going to provide sufficient ammunition with which to shoot down obamacare.

Doesn't matter that much now, anyway.

When the democrat-communists get full power, it will first be "Medicare for all", and then not much later, something worse...