Kavanaugh signals support for letting ObamaCare stand
Supreme Court Justice Brett Kavanaugh may be on the side of the Affordable Care Act.
Supreme Court hearings in a third attempt to overturn the health care law began Tuesday as several Republican attorneys general contended the erasure of ObamaCare's individual mandate invalidated the law entirely. But Kavanaugh seemed skeptical, telling pro-ACA lawyer Donald Verrilli he "tend[s] to agree" that the mandate could simply be removed and the law allowed to stand, reports NBC News.
"I tend to agree with you that this is 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 said. He later said it was "fairly clear" that precedent allowed for simply cutting out the mandate, questioning the Texas lawyer heading the anti-ACA side on how he can argue around that precedent.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Verrilli is representing the House and Democratic-leaning states in the battle to uphold ObamaCare, as he did previously as former President Barack Obama's solicitor general. Paul Clement, who challenged the law in 2012, told NPR that Tuesday's effort to repeal the ACA "doesn't have any teeth." The nonpartisan Congressional Budget Office has said the ACA will continue to function even though the individual mandate, which charges people who did not have health insurance, was removed.
President Trump has made it clear he wants the Supreme Court to overturn the Affordable Care Act, and has appointed three justices he hopes will help do so. The Supreme Court has previously rejected efforts to repeal the law in 5-4 and 6-3 votes, but that was before the appointment of Justice Amy Coney Barrett to the court. Barrett has criticized the decisions in the two previous cases.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Kathryn is a graduate of Syracuse University, with degrees in magazine journalism and information technology, along with hours to earn another degree after working at SU's independent paper The Daily Orange. She's currently recovering from a horse addiction while living in New York City, and likes to share her extremely dry sense of humor on Twitter.
-
How to make the most of your leftover pumpkins
The Week Recommends As the Halloween fun wraps up, snap up pumpkins still on sale and don't leave your jack-o-lanterns to rot
By Tess Foley-Cox Published
-
How Harris and Trump differ on education
The Explainer Trump wants to disband the Department of Education. Harris wants to boost teacher pay.
By Joel Mathis, The Week US Published
-
How to minimize capital gains tax on investments
The Explainer It can take a chunk out of your profits
By Becca Stanek, The Week US Published
-
ACA opens 2025 enrollment, enters 2024 race
Speed Read Mike Johnson promises big changes to the Affordable Care Act if Trump wins the election
By Peter Weber, The Week US Published
-
McDonald's sued over E. coli linked to burger
Speed Read The outbreak has sickened at least 49 people in 10 states and left one dead
By Rafi Schwartz, The Week US Published
-
Texas dairy worker gets bird flu from infected cow
Speed Read The virus has been spreading among cattle in Texas, Kansas, Michigan and New Mexico
By Peter Weber, The Week US Published
-
Dengue hits the Americas hard and early
Speed Read Puerto Rico has declared an epidemic as dengue cases surge
By Peter Weber, The Week US Published
-
US bans final type of asbestos
Speed Read Exposure to asbestos causes about 40,000 deaths in the U.S. each year
By Peter Weber, The Week US Published
-
Seattle Children's Hospital sues Texas over 'sham' demand for transgender medical records
Speed Read Texas Attorney General Ken Paxton subpoenaed records of any Texan who received gender-affirming care at the Washington hospital
By Peter Weber, The Week US Published
-
Afghanistan has a growing female suicide problem
Speed Read The Taliban has steadily whittled away women's and girls' rights in Afghanistan over the past 2 years, prompting a surge in depression and suicide
By Peter Weber, The Week US Published
-
US life expectancy rose in 2022 but not to pre-pandemic levels
Speed Read Life expectancy is slowly crawling back up
By Devika Rao, The Week US Published