[Mack the knife]

My question: is Obamacare dead without the mandate? I’m not so sure.

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That is what tomorrow’s session is all about. Even though Congress explicitly removed the severability clause (if any part is found unconstitutional, the remainder of the bill survives), the administration is now argueing for “implied severability” (i.e., unless there is an explicit statement that there is no severability, severability is “implied”), trying to hang on to the rest of the bill.

Judge Vinson, in what I thought was a very competent opinion, decided that there was no severability, so the whole bill was unconstitutional. Also, he pointed out that he would have to completely rewrite the bill without severability, and that was the legislature’s job, not his.

I believe that the 11th Court of appeals found otherwise.

[Huskrrrr]

Interesting, thanks for the information.