Skeptical Democrats, Republicans question Barr on why DOJ is not defending Obamacare.
or pay a penalty. The court ruled 5-4, with Chief Justice John Roberts siding with the majority, that the mandate was unconstitutional under the Constitution's Commerce Clause but that it could stay as part of Congress' constitutional power to tax Americans.
But Congress last year struck down the law's mandate when it approved tax cut legislation, and that appeared to be a pivotal move to Barr. Barr did leave open the question that Congress may have actually intended Obamacare to remain in place, precisely because it has never been able to repeal that law or strip out any other provisions in it.
“I would just make the point that Congress had the opportunity to strike other provisions, and it chose not to,” Sen. Collins said.
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