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November 11, 2020 3:07 pm at 3:07 pm
#1919008
Gadolhadorah
Participant
Reb E: Thanks. Very good summary of yesterday’s oral argument. I tend to agree with the analysis but suspect that the Chief will try to form a broader consensus (6-3 or 7-2) on the “standing” argument versus what appears to be a close (5-4) vote to affirm severability that would allow the law (minus mandatory coverage) to stand. The Court (and especially CJ Roberts) prefer to “punt” on substantive issues on which there is serious division. Denial of standing would be such a punt.