"The Plaintiffs and Federal-Defendants invite the Court to unravel the legislative process and now do what Congress would not: invalidate the entire ACA. Amici adopt the arguments of the U.S. House of Representatives and the several Intervenor states, headed by California, that should remain constitutional, as a tax or otherwise, following passage of the 2017 Tax Cuts and Jobs Act. However, if the Court should decide that is no longer constitutional, amici urge the Court to give proper weight to the 2017 Congress’s decision to leave the rest of the ACA intact."
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