[Fishtalk]

I thought the law was specifically written so that the individual mandate is NOT severable from the main law. IE, if the mandate goes down, the whole law goes down.

Dems did it that way on purpose, just SO the mandate wouldn’t go down, that’s how important it is to them.

Been reading since law was passed it can’t be severed. At least I thought that was the jist of it.

[Repeal 16-17]

I thought the law was specifically written so that the individual mandate is NOT severable from the main law.

There was supposed to be a severability clause in the bill, but that was mistakenly left out of the bill. Thus, ObamaCare says nothing regarding severability. In that situation, courts presume the legislature intended severability.

That presumption is overcome if either (1) it is proven that the legislature intended the unconstitutional provision to be nonseverable or (2) the unconstitutional provision is seen as essential (the law can not reasonable function without it).