Thank you for sharing!

Your article was successfully shared with the contacts you provided.
“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.

The two justices, along with their three liberal colleagues, indicated that if the health care law’s individual mandate to purchase health insurance was no longer constitutional following Congress’s action in 2017, a doctrine known as severability would allow the court to excise the mandate but keep the rest of the law in place.

Complete your profile to continue reading and get FREE access to BenefitsPRO.com, part of your ALM digital membership.

Your access to unlimited BenefitsPRO.com content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Critical BenefitsPRO.com information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com

Already have an account?



Join BenefitsPRO

Don’t miss crucial news and insights you need to navigate the shifting employee benefits industry. Join BenefitsPRO.com now!

  • Unlimited access to BenefitsPRO.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
  • Exclusive discounts on BenefitsPRO.com and ALM events.

Already have an account? Sign In Now
Join BenefitsPRO

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.