The Supreme Court seemed likely Tuesday to leave in place the bulk of the Affordable Care Act, with Chief Justice John Roberts and Associate Justice Brett Kavanaugh signaling that they weren’t prepared to dump ObamaCare in its entirety during oral arguments about the landmark health care law.
A number of Republican-headed states, led by Texas and the Trump administration, are arguing that Congress’ elimination of the penalty for not having health insurance in 2017 means the entire law is unconstitutional.
“I tend to agree with you this a very straightforward case for severability under our precedents, meaning that we would excise the mandate and leave the rest of the act in place,” Kavanaugh, who was appointed by President Trump, told a lawyer defending the 10-year-old law.
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