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NYT: Key Justices Signal Support for Affordable Care Act

WASHINGTON — The bulk of the Affordable Care Act, the sprawling 2010 health care law that is President Barack Obama’s defining domestic legacy, appeared likely to survive its latest encounter with the Supreme Court in arguments on Tuesday.

It was not clear whether the court would strike down the so-called individual mandate, which was rendered toothless in 2017 after Congress zeroed out the penalty for failing to obtain insurance.

But at least five justices, including two members of the court’s conservative majority, indicated that they were not inclined to strike down the balance of the law. In legal terms, they said the mandate was severable from the rest of the law.

“It does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the law in place,” said Justice Brett M. Kavanaugh.

 

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