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The wrinkle is that the Obama administration litigated all of its ACA cases with the claim that the mandate was a critical piece of the ACA and inseverable. The Trump admin agrees, which puts us in this spot.
(I tend to think that where Congress is silent on severability, the Courts have no obligation to defer to DOJ's claims regarding severability.)
Anyway, my position on this has never changed: Obamacare was bad law, badly made, and badly litigated. Democrats fucked us over bad with it, and Republicans have no obligation to save it.
The "Obamacare is different" principle continues to afflict judges.
It gave us such unexpected hits as "the mandate is upheld as a tax" (NFIB) and "we're inventing a Chevron Step zero for super-duper important things" (King).
It gave us such unexpected hits as "the mandate is upheld as a tax" (NFIB) and "we're inventing a Chevron Step zero for super-duper important things" (King).
