the stupid and uninformed flows so effortlessly with you
Posted on: November 10, 2020 at 10:25:17 CT
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Big comment from Kavanaugh just now: "I tend to agree with you" that the case is "very straightforward" under our severability precedents. Those precedents (including an opinion authored by Kavanaugh last term) say there is usually a strong presumption in favor of severability.
Kavanaugh could vote to declare the individual mandate unconstitutional (his questions so far suggest he thinks it it) but also vote to sever the mandate and leave the rest of the law in place. He hinted at such an approach last term.