It’s Obamacare day at the Supreme Court. In California v. Texas, which will be argued at 10 a.m. EST, the Affordable Care Act returns to the court for the seventh time in eight years. The case is the second full-fledged constitutional challenge seeking to invalidate the entire law (the first being National Federation of Independent Business v. Sebelius in 2012). Republican state officials, joined by the Trump administration, argue that Congress rendered the law’s individual insurance mandate unconstitutional when, in 2017, Congress zero-ed out the penalty for failing to comply with the mandate. The Republican states argue further that the mandate cannot be severed from the rest of the law and that, as a result, the entirety of the law must be struck down. Our case preview is here. Our symposium on the case is here. Our podcast episode on the case is here.

Here’s a round-up of other Supreme Court-related news and commentary from around the web:

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Posted in Round-up

Recommended Citation: James Romoser, Tuesday round-up, SCOTUSblog (Nov. 10, 2020, 9:35 AM), https://www.scotusblog.com/2020/11/tuesday-round-up-555/