That's why it's not called the Court of Representatives. I mean, we already knew that lawyers aren't 100% of the population. Still, if you want a more representative Court, notice that none of the eight Justices is a mother.https://twitter.com/BLaw/status/1312699502009225216 …
On the merits? Yes. But it doesn't get the plaintiffs where they want to go, because the 5th Circuit remanded on severability, & severability is the whole ball of wax. Striking the mandate alone gets you nowhere.
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You made my case. Even Jonathan Adler thinks the case is daft. That you can’t find your way to an outcome (even as a pundit, not a justice) that would uphold a law you despise is all we need to know. Congratulations, you’re like all the justices.
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I don't agree with Adler on everything, but his main beefs are about severability standing, not the merits argument. The standing issue is debatable. I think they should ultimately lose the case on severability. But the 5th Cir didn't reach that Q!
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