An attempt to synthesize what we know so far:

The Court still has not posted the PDF, so all we know is what we’re hearing from reporters.  But here is what they have said so far:

1. The Court votes 5-4 to uphold the individual mandate as a tax.  The Court also votes to uphold the ACA’s Medicaid provision (though it makes clear that if a state doesn’t expand Medicaid as provided by the statute, the federal government cannot take away all of the state’s pre-existing Medicaid funds.)  That means the entire law stands; no need to discuss severability.

2. The majority apparently would have voted to strike down the individual mandate under the Commerce Clause, if it hadn’t been able to sustain it by pointing to Congress’ tax power.

3. The Court holds that the Anti-Injunction Act — the statute saying taxes cannot be challenged in court until they are applied — does not apply.  Thus the Court can decide the case.  Not sure yet of the reasoning.

4. Chief Justice Roberts provided the fifth vote to save the ACA.  It would have been struck down had he voted the other way.


Comments are closed.