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“It’s hard for you to argue that Congress intended the entire act to fall when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,” Justice Roberts said. (Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.)

With the fate of health insurance for more than 20 million Americans at stake, two justices—Chief Justice John Roberts Jr. and Justice Brett Kavanaugh—seemed inclined on Tuesday to form a majority to preserve the Affordable Care Act in nearly its entirety.


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