[BuckeyeTexan]

In researching the potential effects of the lack of a severability clause in ObamaCare, it seems that it doesn't necessarily mean the whole bill gets thrown out.

Severability and ObamaCare

But the lack of a severability clause wouldn’t necessarily result in the overrule the rest of the legislation, which mostly have to do with spending and rationing — the expansion of Medicaid, Medicare cuts, and sweeping regulatory authority — and isn’t wrapped up in the mandate. This has been the Court’s approach to other issues, such as the recent Sarbanes-Oxley ruling, another law which lacked a severability clause, where they invalidated a portion of the law and allowed the rest to stand.

[BuckeyeTexan]

Ping to info about severability clause.

[vrwc1]

But the lack of a severability clause wouldn’t necessarily result in the overrule the rest of the legislation, which mostly have to do with spending and rationing — the expansion of Medicaid, Medicare cuts, and sweeping regulatory authority — and isn’t wrapped up in the mandate. This has been the Court’s approach to other issues, such as the recent Sarbanes-Oxley ruling, another law which lacked a severability clause, where they invalidated a portion of the law and allowed the rest to stand.

Yes, but given that Obamacare is financially unworkable without the penalty, it wouldn't make sense to allow the rest of the law to stand without that critical part.