The case against ObamaCare is weak. It will probably succeed anyway.

As the political battle over the vacancy created by the sudden death of Justice Ruth Bader Ginsburg intensifies, a great deal of attention will be paid to the fate of the landmark Supreme decision Roe v. Wade, and for good reason. But the first potentially historic opinion the court will be considering in the fall will not concern reproductive rights. On November 10 — exactly one week after one of the most important elections in American history, the Supreme Court will hear oral arguments in California v. Texas, the latest legal challenge to the Affordable Care Act. Not only will the health care of tens of millions of people be on the line — so too could the very future of the Supreme Court itself.


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