Trump aide Stephen Miller predicts the 'unconstitutional' ObamaCare ruling will be upheld by the Supreme Court. Legal experts disagree.
Friday's federal court ruling that the Affordable Care Act (ACA), commonly known as ObamaCare, is unconstitutional will be upheld by the Supreme Court, White House senior adviser Stephen Miller forecast on Face the Nation on Sunday.
Miller conceded there would be no immediate change in ACA administration nationwide, but he answered CBS host Margaret Brennan in the affirmative when she summarized his comments as "predicting that this goes to the Supreme Court and that the Supreme Court ultimately strikes down" the ACA.
"I believe that's the likeliest outcome, because ObamaCare has always been unconstitutional," Miller said, pointing to the individual mandate provision, which is core to Friday's decision.
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It's that very focus on the mandate which has led most legal experts — including conservatives and libertarians who oppose the ACA as a policy matter — to conclude the Friday ruling probably will not hold up under appeal. Read about their reasoning here at The Week.
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Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
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