A little light reading for your weekend: The Supreme Court amicus brief from Mario Loyola, Cato, the Texas Public Policy Foundation, et al. on Obamacare and severability. Because Leviathan doesn’t take weekends off.
Interesting stuff. So even if PPACA does contain a severability clause, and if the court finds the individual mandate to be unconstitutional (which several lower courts have), then you are left with a law that is nothing like what Congress passed (since the individual mandate is so intertwined with the law itself as to be its very essence); so therefore (since the Court has no right to pass a law) the whole thing needs to be struck down.
It is interesting that the law's opponents are finding so many different ways to attack it. It must have been written in a pretty shoddy way if this can be done so easily.
Interesting stuff. So even if PPACA does contain a severability clause, and if the court finds the individual mandate to be unconstitutional (which several lower courts have), then you are left with a law that is nothing like what Congress passed (since the individual mandate is so intertwined with the law itself as to be its very essence); so therefore (since the Court has no right to pass a law) the whole thing needs to be struck down.
Beautiful. Buh, Bye Obamacare.
Reply to this commentLinkReport AbuseIt is interesting that the law's opponents are finding so many different ways to attack it. It must have been written in a pretty shoddy way if this can be done so easily.
Reply to this commentLinkReport Abuse