Get ready for the last major anti-climax from the Amy Coney Barrett confirmation hearings. The Supreme Court heard arguments in California v Texas this morning, where opponents of ObamaCare argue today that the cancellation of penalties for violating the individual mandate revokes its status of a “tax” — and with it the constitutionality of the mandate.
Is that severable from the rest of the statute? Challengers claim it cannot be severed and therefore the whole law has to be tossed. Thus far, though, it sounds as if they’re not even carrying the conservatives:
Kavanaugh could vote to declare the individual mandate unconstitutional (his questions so far suggest he thinks it it) but also vote to sever the mandate and leave the rest of the law in place. He hinted at such an approach last term in this case: https://t.co/RULumzDxNB
— SCOTUSblog (@SCOTUSblog) November 10, 2020