by During the Barrett confirmation hearing, we discussed the narrative of the Democrats and the media that the Affordable Care Act was dangling in the balance on the Supreme Court. With huge pictures of beneficiaries of the ACA displayed around the room, some Democratic senators actually said that Barrett was part of a conspiracy to rush her to the Court to kill the ACA. As I repeatedly said, the narrative was entirely disconnected from any legal reality since at least two conservative justices — Chief Justice John Roberts and Brett Kavanaugh — were likely to vote for severability and thus preserve the Act. They previously voted on similar cases. Today’s oral argument again exposed the unfair and unfounded narrative against Justice Barrett with both Roberts and Kavanaugh expressly
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During the Barrett confirmation hearing, we discussed the narrative of the Democrats and the media that the Affordable Care Act was dangling in the balance on the Supreme Court. With huge pictures of beneficiaries of the ACA displayed around the room, some Democratic senators actually said that Barrett was part of a conspiracy to rush her to the Court to kill the ACA. As I repeatedly said, the narrative was entirely disconnected from any legal reality since at least two conservative justices — Chief Justice John Roberts and Brett Kavanaugh — were likely to vote for severability and thus preserve the Act. They previously voted on similar cases. Today’s oral argument again exposed the unfair and unfounded narrative against Justice Barrett with both Roberts and Kavanaugh expressly reaffirming their positions on the severability. Will any of these senators or analysts now acknowledge that the hype in the hyperbole from the hearing?Said from the get-go there should not be a mandate. And the way to fix it in light of MMT is M4A. This is a pseudo-problem based on ignorance.In the hearing, Kavanaugh stated “Looking at our severability precedents, it does seem fairly clear that the proper remedy would be to sever the mandate provision, and leave the rest of the act in place, the provisions dealing with pre-existing conditions and the rest.” Roberts added that the case for severability in the ACA case is obvious and compelling....
Jonathan Turley
A Conspiracy Collapses In The Court: Justices Appear To Confirm A Majority In Favor Of Preserving The ACA