Rewind the ACA court challenge tapes – AEI

But although the Democratic pro-ACA appellants cannot have been encouraged by the tone and scope of yesterday’s questioning, it remains a giant leap further ahead to envision a ruling that would overturn the entire ACA on nonseverable constitutional grounds. That’s just too much of a stretch, under standard severability analysis, to argue that the congressional findings of fact in 2010 actually intertwined the individual mandate with much more than a limited set of insurance-coverage-related ACA provisions (guaranteed issue, adjusted community rating, and perhaps minimum essential benefits at most). And even if the Fifth Circuit panel (or a later en banc review) decides to produce a scrambled mess, the Supreme Court and its chief umpire John Roberts (who has a tight strike zone for ACA legal challenges) remain poised to clean up Humpty Dumpty.

via Rewind the ACA court challenge tapes – AEI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s