Let Us Be Clear: “Congress Does Not Hide Elephants… In Mouse-Holes.”

I am previously on record — that the human at right will not join the Court — if at all — not until after the election results are known (she is not likely to even get an “up or down vote” before November 4, 2020). But in the unlikely event she has. . . it. will. not. matter. to the Texas ACA case.

Although she is likely a deeply conservative person, she is also a very very bright legal mind.

And, at least within the framework of her ideology, an ethically-disciplined mind. She will be, with Chief Justice Roberts, and the three remaining liberals, the majority that says Congress did not intend to undo 2,000 plus pages of legislation, with one hanging participle, in one sentence.

The other three — in descending order of probability (as to votes to invalidate the ACA) Thomas, Alito and Gorsuch. . . won’t be enough — whether she is on the Court, or not. And Roberts (in an eight justice court) will side with the rational precedent of now over 75 years in statutory contstruction. That is, Obamacare will remain constitutional, and in force. Here endeth the sermon.


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