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no_hypocrisy

(46,104 posts)
Fri Sep 25, 2020, 12:29 PM Sep 2020

If the vacancy for RBG remains open for arguments to the USSC re the ACA,

and there will be a 4-4 tie, two questions:

1) Does the federal court decision (Texas, I believe?) apply to all 50 states or just to that territory?

2) How can the ACA be resurrected if key components are ruled unconstitutional by a 5-4 (or worse, 6-3) decision?

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If the vacancy for RBG remains open for arguments to the USSC re the ACA, (Original Post) no_hypocrisy Sep 2020 OP
The answers, as I understand them... subterranean Sep 2020 #1

subterranean

(3,427 posts)
1. The answers, as I understand them...
Fri Sep 25, 2020, 02:52 PM
Sep 2020

1) In the event of a 4-4 tie, the Federal court ruling would stand, and it would apply to all 50 states.

2) The argument is that the individual mandate is an integral part of the ACA, and that since the penalty for enforcing it was eliminated (actually, it was reduced to zero), the entire law must be thrown out. If the Supreme Court bases its ruling only on that issue, Congress could reinstate the penalty (even if it's just $1), and the law would again be considered Constitutional. At least, that's what I read. Obviously, that can only be done if Biden wins and we take back the Senate.

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