The Dem house CAN’T reinstate the tax penalty. Not without the Senate they can’t. This is a really great ruling rooted in ROBERTS’ opinion. There’s pretty much no way he can rule that the “tax penalty” isn’t necessary to keep the law legal. He’s boxed in.
How so. I’m really hoping this ruling stands, but I don’t understand how it can.
It appears he’s using the severability clause—meaning if one part is found illegal it’s all illegal. But that is for the original law. After the law was passed and Roberts said it’s legal because it’s a tax. A different congress passes a new law saying no taxes...and that invalidated the entire thing? I don’t get it.
Roberts will probably argue there is still a tax but it’s $0. So teh tax is still there.