Gorsuch, Thomas Look Lonely on Question of Striking Obamacare

July 7, 2020, 11:28 AM UTC

The apparent openness of Justices Clarence Thomas and Neil Gorsuch to sink an entire law when rejecting part of it reveals a split among Supreme Court conservatives with a major Obamacare ruling coming up next term.

Severability Playing Out: The issue is “severability” and the court in the past several days has discarded elements of consumer protection and telecommunications laws without upending either entirely. Thomas and Gorsuch didn’t go along fully with their fellow Republican-appointed justices who preferred using a “scalpel to a bulldozer,” and the conservative division is notable in an otherwise frustrating term for their backers.

Doubling ...

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