damn that conservative court
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looks like Roberts and Kavanaugh are upholding ACA
what the hell good is appointing justices who are not going to pay attention to the plan
"you either get with the program or you’re gone.”
i say, heads on pikes.
https://www.nytimes.com/2020/11/10/us/supreme-court-obamacare-aca.html
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Sorry, paywall.
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@Loki said in damn that conservative court:
Misconstruing how judges vote once elected is quite common. Plenty of contemporary examples, that why the hysteria didn’t register in my brain. I knew it was all crap.
I must admit, I haven't been able to summon up much to worry about regarding the SCOTUS. Maybe some of that's due to my background - back in blighty nobody even knew who the members of the Supreme Court were.
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But the narrative!
During the Barrett confirmation hearing, we discussed the narrative of the Democrats and the media that the Affordable Care Act was dangling in the balance on the Supreme Court. With huge pictures of beneficiaries of the ACA displayed around the room, some Democratic senators actually said that Barrett was part of a conspiracy to rush her to the Court to kill the ACA. As I repeatedly said, the narrative was entirely disconnected from any legal reality since at least two conservative justices — Chief Justice John Roberts and Brett Kavanaugh — were likely to vote for severability and thus preserve the Act. They previously voted on similar cases. Today’s oral argument in It’s Obamacare day at the Supreme Court. In California v. Texas again exposed the unfair and unfounded narrative against Justice Barrett with both Roberts and Kavanaugh expressly reaffirming their positions on the severability. Will any of these senators or analysts now acknowledge that the hype in the hyperbole from the hearing?
In the hearing, Kavanaugh stated “Looking at our severability precedents, 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, the provisions dealing with pre-existing conditions and the rest.”
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Without the Individual Mandate, the act has no teeth.