You have an inside track to a ruling not released yet?
I do.
Republicans had the opportunity to strike Obamacare down, but they didn't. THANK YOU JOHN MCAIN!
SCOTUS now looks at this, and they're like, "Uhhh... why are you GOP dudes here asking us to do something, when you had the opportunity and didn't."
The. End.
Roberts and Kavanaugh seem OK with keeping most of the law intact
Simply put, Chief Justice John Roberts
saved Obamacare in 2012, famously (or infamously, depending on your point of view) calling the mandate to buy health insurance a tax. Trump and the GOP-controlled Congress zeroed out that penalty three years ago, giving Republicans -- including the Trump administration -- an opening to come back to court. If the tax is gone, they say, the logic for keeping the law is gone.
The biggest question is whether the court, should it agree with that logic, would kill the entire law or simply sever the mandate section.
You don't always get statements as direct as this one from Justice Brett Kavanaugh, Trump's second appointee to the bench: "I tend to agree with you on this very straightforward case for severability under our precedents, meaning that we would excise the mandate and leave the rest of the act in place reading our severability precedents," Kavanaugh told Don Verrilli, the attorney for the Democratic-led US House of Representatives, which is defending the law because the Trump administration won't.
That would be the ballgame.
"Even if there are five votes to strike down a zero-penalty individual mandate, Kavanaugh has made clear he thinks that provision can be severed from the rest of the ACA (and we already know the chief feels that way)," said Steve Vladeck, a CNN legal analyst and University of Texas Law professor. "There is therefore no way to count to five votes to throw out the entire statute."