Posted on 11/10/2020 9:56:37 AM PST by be-baw
Washington — The Supreme Court wrestled Tuesday — one week after the presidential election and in the midst of a global pandemic — with the future of the 2010 landmark health care law championed by Democrats and attacked by Republicans, with two justices on the conservative wing of the bench expressing skepticism toward arguments the Affordable Care Act should be struck down in its entirety.
..
But Chief Justice John Roberts and Justice Brett Kavanaugh, one of the three justices on the court appointed by President Trump, both signaled they disagree with arguments from Republican-led states that Obamacare should fall if its individual mandate is deemed unconstitutional.
"It's hard for you to argue that Congress intended the entire act to fall if the 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," Roberts, who voted in 2012 to uphold the mandate, told Texas Solicitor General Kyle Hawkins, who argued on behalf of the 18 red states challenging the law.
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Similarly, Kavanaugh indicated he believed Obamacare should stand, even without the mandate.
"I tend to agree with you, this is a very straight forward case for severability under our precedence, meaning that we would excise the mandate and leave the rest of the act in place," Kavanaugh told Donald Verrilli, who argued on behalf of the Democratic-led House.
Looking at the Supreme Court's past cases, Kavanaugh told Hawkins that "it does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place
(Excerpt) Read more at cbsnews.com ...
Looks like Kavanaugh will align with the Left more often than not. He is a Bushie after all.
He's the one I was afraid of...
It is Roberts job. He gave it to us.
Told ya so. I rate Trump 1 out of 3 in “keeping his campaign promise to give us pro-life Scalia-like originalist judges”
Where in the Constitution is Congress authorized to make laws governing the health care of any citizen of the several States? (Rhetorical)
Is it constitutional or not? That is your fricking job.
And what is wrong to sever the unconstitutional parts of the law, leave the rest standing, and put the mess back in Congress to fix? It is embarrassing that Republicans have beat this issue to death but have NOT offered a viable replacement. That is one big failure in recent years. I suspect they prefer to have this as a rallying cry rather than as a solved issue.
Under normal circumstances it would make sense to be severable as there is boilerplate language included in most laws passed that specifically mentions severability. The ACA however was thrown together haphazardly to meet a contrived financial calculation that would allow Obama to claim that it wouldn’t cost a fortune, and passed in the dead of night without anyone being able to read it, so it doesn’t have the severability language.
Seemed to be Roberts’ job at the onset though.
And this is why you avoid appointing DC insiders.
“Hi, I’m Brett Kavanaugh!! They accused me of sexual assault, ruined my reputation and pooped all over my family. But I really really really hope that if I behave they will still let me in their cool DC cocktail club. Please please please let me in, please!!! You can ruin me some more, I promise. I’ll even lick the toilet bowl at the cool DC clubhouse!!!”
Yep, he’s establishment Bush guy through and through. Another Yale frat guys who lives in that world and does that world’s bidding. Of course, like most around here, I was rooting for him when the Dems attacked him so unfairly and despicably, but let’s face it. Tony Kennedy wouldn’t have have been pushing him if were another Rehnquist/Scalia/Thomas/Alito.
It's either unconstitutional or it isn't. It's not the place of the court to write legislation or change existing legislation for Congress.
He's been good on some decisions - but not a reliable originalist.
There will never be anything better until O-care is gone.
He likes Beer, sounds like a weiner.
This will be a non-issue by the time the decision comes down at the end of June 2021.
Is it constitutional or not? That is your fricking job.
*************
Bullseye! That’s all that matters. Yes or no.
Good post.
More about Kavanaugh’s history here: http://allanfavish.com/index.php/vincent-foster
I would like to see the act ruled unconstitutional. However, Roberts point is valid. The same Congress, Ryan/McConnell, could have repealed the entire act, but only repealed the mandate. The AGs that files the suit had no say in it. But Congress did. Ryan and McConell absolutely left it in place hoping the courts ruled it unconstitutional. Also, remember, CBS is only highlighting the points they want. There may have been other questions that indicate they will favor the States. Truth be told without the individual mandate Obamacare will die a slow agonizing death. Too slow and too agonizing for people stuck with it.
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