The Supreme Court Ducks the Obamacare Individual Mandate Again

The Supreme Court building in Washington, D.C., June 25, 2020 (Alexander Drago/Reuters)
A weak lawsuit dies, and nobody comes out looking good.


he U.S. Supreme Court this morning, in California v. Texas, saved the Affordable Care Act yet again, and it wasn’t close. By a 7–2 vote, with only Justices Samuel Alito and Neil Gorsuch dissenting, the Court concluded that the challengers to Obamacare did not have standing to sue over the individual mandate now that the mandate has been stripped of its monetary penalty. Justice Stephen Breyer wrote the majority opinion, and Justice Clarence Thomas — as he often does — authored a concurrence with his own view of why he came out the same way.

As I explained back in October, …

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