Before
Here's what he said back then, addressing an attorney who was proposing that only the mandate be struck down:
Let's consider how -- how your approach, severing as little as possible, thereby increases the deference that we're showing to Congress. It seems to me it puts Congress in this position: This Act is still in full effect. There is going to be this deficit that used to be made up by the mandatory coverage provision. All that money has to come from somewhere. You can't repeal the rest of the Act because you're not going to get 60 votes in the Senate to repeal the rest. It's not a matter of enacting a new Act. You got to get 60 votes to repeal it. So, the rest of the Act is going to be the law.[/QUOTE]After
Congress, in theory, could avoid these problems by passing a simple, one-sentence amendment to the Affordable Care Act. The entire basis for the lawsuit is the meaning of a four-word phrase, "established by the state." And during oral arguments, Scaliasuggested Congress would do just that, or at least something like it:
What about -- what about Congress? You really think Congress is just going to sit there while -- while all of the disastrous consequences ensue? I mean, how often have we come out with a decision such as the -- you know, the bankruptcy court decision? Congress adjusts, enacts a statute that -- that takes care of the problem. It happens all the time. Why is that not going to happen here?
Here's what he said back then, addressing an attorney who was proposing that only the mandate be struck down:
Let's consider how -- how your approach, severing as little as possible, thereby increases the deference that we're showing to Congress. It seems to me it puts Congress in this position: This Act is still in full effect. There is going to be this deficit that used to be made up by the mandatory coverage provision. All that money has to come from somewhere. You can't repeal the rest of the Act because you're not going to get 60 votes in the Senate to repeal the rest. It's not a matter of enacting a new Act. You got to get 60 votes to repeal it. So, the rest of the Act is going to be the law.[/QUOTE]After
Congress, in theory, could avoid these problems by passing a simple, one-sentence amendment to the Affordable Care Act. The entire basis for the lawsuit is the meaning of a four-word phrase, "established by the state." And during oral arguments, Scaliasuggested Congress would do just that, or at least something like it:
What about -- what about Congress? You really think Congress is just going to sit there while -- while all of the disastrous consequences ensue? I mean, how often have we come out with a decision such as the -- you know, the bankruptcy court decision? Congress adjusts, enacts a statute that -- that takes care of the problem. It happens all the time. Why is that not going to happen here?