Questioning On Individual Mandate Suggests Roberts And Kavanaugh Inclined To Uphold Bulk Of Obamacare

Reuters reports:

The U.S. Supreme Court on Tuesday grappled with whether all of Obamacare should be thrown out in a challenge by Republican-governed states, backed by President Donald Trump’s administration, with two conservative justices suggesting the law should remain intact even if one provision is struck down.

Chief Justice John Roberts and fellow conservative Brett Kavanaugh both asked questions that suggested they were skeptical of Republican arguments that all of Obamacare must fall even if one provision, known as the individual mandate, is found to be unconstitutional. That provision required people to obtain insurance or pay a financial penalty.

“It’s hard for you to argue that Congress intended the entire Act to fall if the mandate was struck down,” Roberts said, noting that Congress did not repeal the entire law in 2017 when it eliminated the financial penalty under the individual mandate.

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