[Ed. – Isn’t he the guy Democrats savaged so unmercifully during his confirmation hearings because they were sure he was a political pawn of the Right?]
One of the strongest signs that the Affordable Care Act will survive the latest attempt to kill it in the Supreme Court came on Tuesday, in oral arguments in California v. Texas, when Justice Brett Kavanaugh began questioning Kyle Hawkins, the solicitor general of Texas. …
“Looking at our severability precedents, it does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place, the provisions regarding preëxisting conditions and the rest,” Kavanaugh said. (He wrote one of those precedents, Barr v. A.A.P.C., which was decided earlier this year.) “So the question for you, obviously, is: How do you get around those precedents on severability, which seem on point here?”
Hawkins began talking about how, when the A.C.A. was passed, in 2010, Congress had included a finding that the individual mandate was essential. … Kavanaugh cut him off.