Key justices on the U.S. Supreme Court seemed skeptical Tuesday morning of Texas’ argument that if one key provision of the Affordable Care Act is unconstitutional, the entirety of the sprawling health law must fall.
He pointed to various pieces of the law which describe the individual mandate as an “essential” part of the law that powers the rest of its functions.
Whether the individual mandate itself survives was less clear.
Texas has won early success in the case, with a federal judge declaring the entire law unconstitutional in a ruling that has been put on pause as litigation proceeds.
Hawkins, who argued for Texas at the high court on Tuesday, is one of a few senior deputies who remained at the agency after the scandal.