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Common Theme Emerges in ObamaCare Arguments

Roberts, Kavanaugh signal they won't dismantle Affordable Care Act, which would save it
By Newser Editors,  Newser Staff
Posted Nov 10, 2020 12:04 PM CST

(Newser) – The Supreme Court heard its third challenge to ObamaCare on Tuesday, and a decision won't be out until next spring. But the early assessments after oral arguments wrapped up should give backers of the Affordable Care Act some comfort—it looks like the law will survive again. Coverage:

  • "Most of the Affordable Care Act appeared likely to survive," writes Sam Baker at Axios. He notes that Chief Justice John Roberts and Brett Kavanaugh "suggested they’re unlikely to throw out the entire health care law, as Republican attorneys general and the Trump administration have urged. Their votes would be enough to save it."
  • That assessment is a common one. "The bulk of the Affordable Care Act ... appeared likely to survive," writes Adam Liptak in the New York Times. He, too, concluded that Roberts and Kavanaugh would join the court's three liberal justices in saving the bulk of the law, even though Republicans scrapped a key component of it, the individual mandate. "In legal terms, they said the mandate was severable from the rest of the law," writes Liptak.

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