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Senator Mike Lee Reacts to Oral Argument on Individual Mandate

March 28, 2012

After attending oral argument on the constitutionality of the individual mandate in ObamaCare, Senator Mike Lee made the following remarks:

“Oral arguments revealed the four traditionally conservative members — Chief Justice Roberts, and Justices Scalia, Thomas, and Alito — are almost certain to vote to strike down the individual mandate, and that Justice Kennedy is likely to agree with them,” said Lee, who once served as a Supreme Court clerk and is now a member of the Judiciary Committee. “The Obama administration’s argument that the federal government can compel citizens to purchase health insurance did not appear to sway these five justices, and their questions to the Solicitor General suggested they look on the constitutionality of the individual mandate with great skepticism. It will be interesting to see how the justices respond to the 'severability’ arguments tomorrow, which will determine whether some or all of the law is struck down. But there is little doubt that the individual mandate will not survive.”

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