From the opinion:
“The individual mandate, however, can be severed from the remainder of the Act’s myriad reforms. The presumption of severability is rooted in notions of judicial restraint and respect for the separation of powers in our constitutional system. The Act’s other provisions remain legally operative after the mandate’s excision, and the high burden needed under Supreme Court precedent to rebut the presumption of severability has not been met.”
The individual mandate, however, can be severed from the remainder of the Acts myriad reforms. The presumption of severability is rooted in notions of judicial restraint and respect for the separation of powers in our constitutional system. The Acts other provisions remain legally operative after the mandates excision, and the high burden needed under Supreme Court precedent to rebut the presumption of severability has not been met.
I hate seeing this. At best we won a pyrrhic victory. If the rest of the law is enacted insurance co.'s will go broke and we will end up with the govt running healthcare.