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Message
re: Trump says he WILL ask Supreme Court to strike down Obamacare
Posted on 5/6/20 at 7:42 pm to arcalades
Posted on 5/6/20 at 7:42 pm to arcalades
quote:
His legal reasoning was that the ONLY reason the ACA was Constitutional was because the individual mandate was for all intents and purposes a TAX.
So, when you strike the individual mandate, as Congress has done, you strike the only thing holding the whole thing up,
and that is according to the Chief Justice himself.
That is 100% correct and Roberts will still rule that Congress has to remove the law. He will hide behind keeping the court Neutral.
1
Posted on 5/6/20 at 7:53 pm to ScottFowler
quote:
That is 100% correct and Roberts will still rule that Congress has to remove the law. He will hide behind keeping the court Neutral.
Reasoning will likely be either (1) the individual mandate still exists, it's just that the penalty was set to 0; or (2) The original ruling was on the constitutionality of the mandate and that hasn't changed - Congress simply amended the statute.
I'll be very surprised if it gets struck down. And at this point it'll be like trying to put toothpaste back in the tube (or for bammers, trying to unbreak an egg).
This post was edited on 5/6/20 at 7:54 pm
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