If the Republicans were smart (I know, I know...) they would plan to get out ahead of the decision with a full-fledged plan to replace this abomination with a market-based, fully-portable plan that empowers individuals, and not the state to make health care decisions. And run hard on it.
Ginsburg has also said that it would be judicial over reach to throw out the whole law, that it should be up to Congress to decide which parts of the bill can be allowed to remain.
Breyer has pointed out that there are lots of parts of the bill that can stand alone, like health benefits for “Indians”. He said that was an “Indian” thing and could remain.
But, I can see that some of the liberal justices might oppose the federal mandate as written, but oppose overturning the whole law.
If I'm not mistaken, I believe today's session was based on the premise, "so, if we do find the mandate Unconstitutional, what does that do to the rest of the law?"
That is, all of the questions implied the overturn of the mandate because that was the nature of the premise they were examining. It doesn't mean that anyone has actually committed to making that finding in the first place.
I may be wrong, but I remember they put the insurance mandate as the lynchpin of the leglislation to get the treasonous Dems to vote for it.
It would be so merciful if it was all struck down. The Marxists have so much poison, control and oppression built into that leglislation.
It was great that Obama went after the Christians in the way he did. It was just a small shout out from hell as to what’s to come. He woke the “social justice” Catholics up.
“If Justice Ginsburg is talking about “salvage”, I would take that as a sign that the entire bill is in big, big trouble. “
That’s a good point. The defense of the bill was feeble.
“I would not be surprised to see another one of the liberals concur with the majority at least in part (specifically with regard to the insurance mandate).”
who? I think they were trying too hard to help the Obama side’s case to go that way. they were trying to put the arguments in the mouth of the solicitor general.
Based on this, I’d wager 3 will vote to toss the whole bill, Thomas, Alito, Scalia.
Roberts and Kennedy 50/50 toss it all or just the mandate.
4 votes to keep the bill.