#SCOTUS now hearing arguments on #ACA challenge. DOJ shifted positions, will argue that the individual mandate is unconstitutional & the Court should invalidate entire ACA. The implications are deadly, millions of people would lose health coverage. Trump never had a backup plan.

So far Court is laser-focused on standing.

Listen to arguments here: https://www.c-span.org/video/?471185-1/health-care-law-supreme-court-oral-argument

Solicitor General Wall arguing against a federal statute-opposite of SG’s normal job of defending federal law. SG also has to perform some gymnastics to justify standing by TX and states challenging ACA

Sotomayor: if Congress had simply phased out the mandate penalty over time instead of immediately zeroing it out, wouldn't that be a valid exercise of the tax power? Wall: Yes.
This is problematic for US and TX position that entire ACA needs to be invalidated.

And that’s a wrap. It appears there are 5 votes to find mandate unconstitutional but not 5 to find mandate inseverable, which would leave #ACA mostly in tact.