re: #30 NO SMOCKING GUN!

I think the DOJ new position is red meat for the base. They have to know how ridiculous this legal theory is, and are probably confident that at least Roberts won’t vote to overturn the ACA based on it.

This is one of the problems with the executive branch being able to decide which laws it can and/or should defend. I’ve always been skeptical of the idea that the executive can do this. Seems to run afoul of the requirement to “see the law is faithfully executed”.