California v. Texas: ACA upheld due to lack of standing

[H.E. VOLODYMYR ZELENKSYY]

7-2 ruling with Alito and Gorsuch dissenting. Breyer opinion.

https://www.supremecourt.gov/opinions/20pdf/19-840_6jfm.pdf

[Donerail]

What a lovely note on which to retire.

[Skill and Chance]

Told you Barrett wasn't a down-the-line partisan!

But between this and joining in the pro-severability ruling just last term in Seila Law, Alito proves that he is.  I still can't believe they got Thomas for this, though.

[Geoffrey Howe]

I wonder whether they bent over backwards to uphold the statute (or, rather, not strike it down) in order to stave off court-packing attempts.

[Skill and Chance]

I wonder whether they bent over backwards to uphold the statute (or, rather, not strike it down) in order to stave off court-packing attempts.

IDK that would be more plausible if it was 5/4 or 6/3 with a narrow Barrett/Kav concurrence.  I can only conclude they have truly had enough of these weirder and weirder Obamacare challenges.  You don't get Thomas voting to dismiss this case based on fears of court packing.   

[brucejoel99]

https://twitter.com/ddiamond/status/1405528064155471877

[brucejoel99]

Told you Barrett wasn't a down-the-line partisan!

But between this and joining in the pro-severability ruling just last term in Seila Law, Alito proves that he is.  I still can't believe they got Thomas for this, though.

I wonder whether they bent over backwards to uphold the statute (or, rather, not strike it down) in order to stave off court-packing attempts.

IDK that would be more plausible if it was 5/4 or 6/3 with a narrow Barrett/Kav concurrence.  I can only conclude they have truly had enough of these weirder and weirder Obamacare challenges.  You don't get Thomas voting to dismiss this case based on fears of court packing.   

To be fair to Thomas, this ruling appears to be pretty consistent with his jurisprudence on standing.

[MATTROSE94]

Told you Barrett wasn't a down-the-line partisan!

But between this and joining in the pro-severability ruling just last term in Seila Law, Alito proves that he is.  I still can't believe they got Thomas for this, though.

Amy Coney Barrett has been much better than I thought. The only rulings I really disagree with her on are the ones regarding COVID restrictions.

[Skill and Chance]

Told you Barrett wasn't a down-the-line partisan!

But between this and joining in the pro-severability ruling just last term in Seila Law, Alito proves that he is.  I still can't believe they got Thomas for this, though.

Amy Coney Barrett has been much better than I thought. The only rulings I really disagree with her on are the ones regarding COVID restrictions.

Even there, she was in the moderate camp that partially upheld the CA restrictions (singing). 

A "you can't go to church for a year" order should be presumptively unconstitutional.  The state should have the burden of showing that something on the scale of WWIII or Black Death 2.0 is happening.  It's very different from "you can't go to church for 2 weeks until we know what the heck is going on."

[Kahane's Grave Is A Gender-Neutral Bathroom]

Man, Trump's conservative court is working bigly.