Chief Justice John Roberts and Justice Brett Kavanaugh suggested Tuesday that it wasn’t the Supreme Court’s role to invalidate the entire sprawling, 900-page Affordable Care Act, even if one or more provisions are deemed unconstitutional, signaling the key parts of Obamacare will survive the latest court challenge.
Roberts said simply that if Trump and Republicans wanted to kill the law, they could have done it.
“I think it’s hard for you to argue that Congress intended the entire act to fall if the mandate was struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,” Roberts told the attorney representing Texas, one of the states fighting the law.
“I think, frankly, that they wanted the court to do that, but that’s not our job,” Roberts added.
In court Barrett too, zeroed in on the intent of Congress in 2017.
"So what should we make of the fact that Congress didn’t repeal the provision?" she asked.