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SCOTUS has performed mouth-to-mouth resuscitation and chest compressions on Obamacare for almost a decade, including recently in California v. Texas. Alito Dissent: "No one can fail to be impressed by the lengths to which this Court has been willing to go to defend the ACA against all threats."

Proportionality relates to loss of civilian life "which would be excessive in relation to the concrete and direct military advantage anticipated.... So there is some requirement of proportionality in international law, but it's not proportionality between the casualties on your side and the casualties on the other side....'