The Supreme Court will issue its ruling on Obamacare any day now. It seems fairly certain that the Individual Mandate will be held unconstitutional, perhaps even by a super majority of the Justices (based on the questions which pummeled the sad sack Solicitor General during oral arguments).
The interesting question is whether, since there was no severability clause, the entire statute will go down in flames as well. It seems that a draft of the bill actually had such a clause (which keeps the rest of the statute in place in the event that part of the law is ruled unconstitutional). The clause was removed before the final vote. Whether this will make a difference to the liberal Justices, or whether they find an implied severability clause in emanations from the penumbra or something - that's what we're waiting to see.
5 comments:
Just like Obama's ignoring of the will of the people with his Friday bribe of the Latino vote, he will get his way on his little healthcare bill as well. Trust me, once he makes the threats clear to all of the SCOTUS justices and their families, they'll do what he says.
Anon,
Sounds a bit like when FDR threatened to "stack" the court with judges friendly to the New Deal when the alphabet agencies started going down in flames.
If for some reason the ACA is held as constitutional, I propose a bill be submitted to mandate each and every household be issued an AR-15 assault rifle with qty 20 of 30 round magazines, ammunition for said magazines, and training to use said weaponry, unless prohibited due to prior criminal conviction, mental defect, etc. Hey, if Kennesaw, GA could do it, when not the congress?
Brad
Brad, your proposed law is almost certainly constitutional under the Militia clause.
If the SCOTUS only strikes down the Mandate, then fiscal crisis is upon us immediately - not to mention most Insurance Companies go out of business in two years. Perhaps that's why the severability clause was removed, to get an express lane to Single Payer.
Borepatch a lot of the smaller insurance companies have already folded on selling health insurance and it is mainly down to the big five who surprise surprise sponsored the bill. They helped write the bill to stiff the consumer and there sales force who now get a whole lot less in commission, meaning bigger profits for them. They can now wiggle out of paying health care services for granny under the rationing system being implemented yet who will still be forced to pay for services they will be denied.
Basically granny has a heart attack don't resuscitate. Without calling your friendly civil servant in Washington at 4 am in the morning because you know they will answer the phone for sure.
"Whether this will make a difference to the liberal Justices, or whether they find an implied severability clause in emanations from the penumbra or something - that's what we're waiting to see."
I dunno whether to laugh at that or howl out loud with rage and despair.
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