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O’care Defenders Get Signal From Kavanaugh That There’s A Fifth Vote To Save The Law (Talking Points Memo)

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WASHINGTON, DC - DECEMBER 03: U.S. Supreme Court Associate Justice Brett M. Kavanaugh waits for the arrival of former U.S. President George H.W. Bush at the U.S Capitol Rotunda on December 03, 2018 in Washington, DC. A WWII combat veteran, Bush served as a member of Congress from Texas, ambassador to the United Nations, director of the CIA, vice president and 41st president of the United States. A state funeral for Bush will be held in Washington over the next three days, beginning with him lying in state in the U.S. Capitol Rotunda until Wednesday morning. (Photo by Jabin Botsford - Pool/Getty Images)

O’care Defenders Get Signal From Kavanaugh That There’s A Fifth Vote To Save The Law – By Tierney Sneed (Talking Points Memo) / Nov 10 2020

The Affordable Care Act appears poised to survive its third confrontation with the Supreme Court largely intact.

At oral arguments Tuesday in a lawsuit brought by red states and supported by the Trump administration, Obamacare’s defenders got signals that there are likely at least five votes on the conservative Court in favor of preserving the bulk of the law.

A pivotal moment came early on in the hearing, when Justice Brett Kavanaugh indicated that he was leaning towards a key pro-Obamacare argument being made in the case: that even if the court finds the challenged ACA provision unconstitutional, it can sever that provision from the law and leave the rest of the act still standing.

“I tend to agree with you that this is 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 said, as he questioned Donald Verrilli, who is representing the U.S. House of Representatives in its defense of the law.

Continue > https://talkingpointsmemo.com/news/kavanaugh-obamacare-severable-oral-arguments

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