Brett Kavanaugh Just Agreed The Whole ACA Needn't Be Scrapped [View all]

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Brian Beutler @brianbeutler
Brett Kavanaugh just said he agrees that IF the mandate without tax penalty is unconstitutional, then it should be severed. So this case is over.

Steve Vladeck @steve_vladeck ·8m
This is the most important line that any Justice could've said at this morning's #ACA argument.

If Justice Kavanaugh believes that the individual mandate is "severable" from the rest of the statute, then there's no way to count to five votes to throw out the *entire* law.

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