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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

supremecourt.gov/DocketPDF/19/1…
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Marty Lederman
@marty_lederman
It's virtually impossible to convey just how deviant and inappropriate it is for the DOJ Civil Rights Division to file a brief such as this, most of which is on a pure question of state statutory law. /1

assets.documentcloud.org/documents/6923…
To do so now, in order to help stymie a state's efforts to stop the spread of a deadly contagion, is as brazen as anything I've seen since DOJ argued that the 2017 Congress & President Trump enacted a mandate to purchase health insurance. /2
I suppose that in the absence of all that citizenship information, they can't enforce the Voting Rights Act, and therefore they must have been sittin' around looking for something, anything, to do, when finally some visionary piped up: ... /3
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Marty Lederman
@marty_lederman
In the category of Life is Stranger than Law School Exam Hypos:

Whadda ya get when you combine the all-out GOP campaign to stymie everything WI Governor Evers does (see the WI Sup. Ct. decisions yesterday & in the election-delay case) with ... /1
... the nationwide effort to accuse Dem. officials of discriminating against religion and even trying to "criminalize Easter" (Walker, J.); and then add a dollop of Hobby Lobby; a soupçon of Masterpiece Cakeshop; and a healthy dose of 70+ bad hair days in a row? /2
Well, you get Kingdom Kuts v. Evers, of course.

justsecurity.org/wp-content/upl…

@mjschwartzman @JimOleske
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Marty Lederman
@marty_lederman
Very proud to file this brief w/@dorfonlaw & @CrialKilru in the ACA case. There've been dozens of briefs on severability & ramifications filed so far. But this is, I think, the only amicus brief yet devoted to the antecedent question ... /1

supremecourt.gov/DocketPDF/19/1…
... that ought to resolve the case in the most straightforward way. The Texas challenge, which the SG is inexplicably supporting, is crucially premised on the idea that the 2017 Congress *imposed* an unconstitutional mandate to purchase qualifying health insurance. /2
Of course the GOP Congress & @realDonaldTrump did no such thing. Indeed, just last week, in the very course of confirming that DOJ would defend the CTA5 judgment, the President said that “we got rid of the individual mandate” so that “you don’t have [to] buy health insurance." /3
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