1. Lawyers defending the ACA today got much tougher questions than lawyers who say it's unconstitutional
An attorney who was in the room told me it was “night and day with the tone of the questioning…very notable to anybody in the room”
Background here: huffingtonpost.com/entry/obamacar…
An attorney who was in the room told me it was “night and day with the tone of the questioning…very notable to anybody in the room”
Background here: huffingtonpost.com/entry/obamacar…
2. Many experts figured topics like standing would also get substantial attention. Apparently they didn't. Judge O'Connor focused on "severability" -- i.e., why rest of law should stand if mandate goes.
O'Connor is a conservative Bush appointee w/no love for the ACA, fyi
O'Connor is a conservative Bush appointee w/no love for the ACA, fyi
3. O'Connor wanted to know why intent behind the 2017 tax vote -- the one that zeroed out the mandate -- matters when Congress established, in 2010, that mandate was essential to the ACA's coverage scheme
4. Here's an answer to that question, via @nicholas_bagley theincidentaleconomist.com/wordpress/the-… 
5. And here's another answer, via the lawyers defending the law today
6. Attorneys from the Justice Department asked the judge not to rule or issue injunctions before the midterms, in order to avoid chaos
7. Charitable interpretation: Trump administration doesn't want chaos before open enrollment, because it could hurt people
Cynical interpretation: Trump administration doesn't want chaos before midterms, because it could hurt Republicans
Cynical interpretation: Trump administration doesn't want chaos before midterms, because it could hurt Republicans
8. Full write-up on the hearings from @SusannahLuthi modernhealthcare.com/article/201809…
With more to come, I expect, from @pauldemko @abbygoodnough @NoamLevey @amylotven
With more to come, I expect, from @pauldemko @abbygoodnough @NoamLevey @amylotven
9. OK, here's the write-up from @pauldemko and, wow, I'm really stuck on this passage politico.com/story/2018/09/…
10. Remember what happened last year: Republicans in Congress didn't have the votes to repeal the ACA.
Later they realized they had the votes to repeal just the mandate, while leaving rest of law in place. So they chose to do that instead.
Later they realized they had the votes to repeal just the mandate, while leaving rest of law in place. So they chose to do that instead.
11. O'Connor is basically suggesting the courts can enact legislation that Congress tried and failed to pass on its own.
Maybe the quote meant something different in context, because I don't see how that can be right.
Maybe the quote meant something different in context, because I don't see how that can be right.
12. By which I mean, I don't see how O'Connor's logic can be right. I'm sure @pauldemko took down the quote correctly.
