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Last week @realDonaldTrump boasted, as he has repeatedly since 2017, that “we got rid of the individual mandate” so that “you don’t have [to] buy health insurance." In the pending #AffordableCareAct case, however, Texas & Trump's DOJ (presumably) will argue that in 2017 ... /1
... Trump & the GOP Congress *imposed* a legal mandate to maintain ACA-compliant insurance. Indeed, their argument that the Court should declare the whole ACA invalid *depends upon* the idea that Trump imposed a mandate, in flat disregard of the SCOTUS's ruling in NFIB. /2
In this instance, Trump is right: In 2017 he and Congress did the opposite of imposing a mandate to buy ACA-compliant insurance. (Will his own SG actually insist otherwise?) Indeed, the SCOTUS has rarely if ever confronted an easier question of statutory interpretation. /3
For that simple reason, the challenge to the ACA is groundless, as @dorfonlaw and I explain in the amicus brief we filed yesterday. /4

@WWTrialLaw @CrialKilru

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