"Much of the hearing focused on arguments about congressional intent ... and severability.... Judge O'Connor seemed to be unconvinced that the mandate, with a zeroed-out penalty, remained constitutional.... Judge O'Connor's questions on severability, in particular, suggest he may be considering striking down some or all of the ACA. This is, however, only at the stage of a preliminary injunction, and all parties expect any ruling, regardless of the outcome, to be appealed immediately." [Texas v. U.S., No. 18-167 (N.D. Tex. hearing on motion for preliminary injunction, Sept. 5, 2018)]  MORE >>