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ObamaCare strikedown going to be 'close call,' says Texas attorney general

Associate Justice Brett Kavanaugh signaled he wasn't prepared to scrap ObamaCare in its entirety during oral arguments

Updated: November 12, 2020 - 7:28am

The Facts Inside Our Reporter’s Notebook

Texas Attorney General Ken Paxton says it's too early to tell if the Supreme Court will scrap ObamaCare or leave parts intact.

"There are nine justices, they all have different opinions on each of those different issues. It's really hard to read the court to see without hopefully seeing their opinion to how they're going to come out" he told Just the News' David Brody.

Texas and other Republican states along with the Trump administration, are arguing that Congress’ elimination of the penalty for not having health insurance in 2017 means the entire law is unconstitutional.

On Tuesday, Chief Justice John Roberts and Associate Justice Brett Kavanaugh signaled that they weren’t prepared to dump ObamaCare in its entirety during oral arguments.

“I tend to agree with you this a very straightforward case for severability under our precedents, meaning that we would excise the mandate and leave the rest of the act in place,” Kavanaugh, who was appointed by President Trump, told a lawyer defending the 10-year-old law.

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