The case will be a test for the court's newly strengthened conservative majority and it could produce a decision that wipes out health insurance for 20 million people and protections for millions with preexisting conditions, which now includes #Covid19.
But Roberts & Kavanaugh have expressed reluctance to toss out an entire statute just because one part is unconstitutional, @GregStohr reports
Justice Thomas seemed to push back on the Democratic states that argue the individuals challenging the law haven't suffered the required injury to bring a lawsuit. He wanted to know if someone would have the ability to challenge mask mandates during the pandemic.
Alito also seems to think the states have standing. He said the Medicaid eligibility calculation had added to the state's Medicaid rolls.
"We want citizens to be law abiding why isn't that enough to create standing?" Justice Kagan asked.
Monday's ruling focused on Title VII of the Civil Rights Act, which bans discrimination in the workplace. HHS's rule Friday focused on the definition of sex in Section 1557 of the Affordable Care Act, which is based on Title IX.
Title IX prohibits sex discrimination in education and other activities that receive federal funding, but courts look at Title VII when interpreting Title IX.