Keckley Report June 21, 2021
Last Thursday, the U.S. Supreme Court upheld the Affordable Care Act for the third time leaving in place the broad provisions of the law enacted by Congress in 2010. The vote was 7-2 against the 18 GOP-dominated states and 2 individual plaintiffs who brought the suit based on the argument that the elimination of the individual mandate in the 2017 Tax Cuts and Jobs Act essentially decapitated the rest of the law rendering it unconstitutional as a whole.
In the majority opinion, the Justices did not address the question of severability, instead focusing on the standing of the plaintiffs that brought the lawsuit. Writing for the majority, Justice Stephen Breyer wrote:
“We conclude that the plaintiffs in this suit failed...
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