Kansas Attorney General Derek Schmidt acknowledges that a multi-state attack on the Affordable Care Act, or Obamacare, could wipe out some popular consumer protections.
But, Schmidt said, he believes Congress will step in to preserve certain parts of the law if he and 19 other Republican attorneys general succeed in striking down the individual mandate that everybody buy coverage or face a fine on their tax return as unconstitutional.
The most popular policy in the world cannot stand if the Constitution doesnt permit it, Schmidt said in an interview. I am convinced that the Constitution does not permit the mandate absent the tax component.
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