2021-06-17

3 inventive rescues of the ACA

In his dissent, Alito called out the various times the Supreme Court has now ruled on the law and found ways to keep it in place.

"Today's decision is the third installment in our epic Affordable Care Act trilogy, and it follows the same pattern as installments one and two. In all three episodes, with the Affordable Care Act facing a serious threat, the Court has pulled off an improbable rescue," Alito wrote.
"No one can fail to be impressed by the lengths to which this Court has been willing to go to defend the ACA against all threats. A penalty is a tax. The United States is a State. And 18 States who bear costly burdens under the ACA cannot even get a foot in the door to raise a constitutional challenge," the veteran conservative justice added.
"So a tax that does not tax is allowed to stand and support one of the biggest Government programs in our Nation's history. Fans of judicial inventiveness will applaud once again, he added. "But I must respectfully dissent."

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