Agreed.
And I have been fascinated by the suggestion that the “individual mandate” is a throw away. As I’ve said, it just didn’t occur to me. What I can’t quite get around is why did they not include a severability clause? Of course, the Court may still not throw the whole thing out but only the mandate, but not having that clause does make that a bit more problematic.
Nice insight all who saw this as a possible throw away.
Left-wing law isn't lawyering, it's conspiracy.
According to this article, they forgot to include it. I think those 3,000 pages were put together with an eye towards quantity, not quality.
http://reason.com/blog/2010/11/29/whoops-we-forgot-to-include-a
Correct me if I’m wrong, but I thought I read at one point that there was a severability clause in the Act, but that Congress removed it before the vote.
I think the severability clause was not made explicit because of a couple of reasons.
First, including a severability clause might beg the question of what was so important outside the individual mandate that they would want to keep? In other words severability could invite closer scrutiny on other provisions.
Second, recent case law or understandings may be sufficient to deem severability is implied if it is not made explicit, or if non-severable is made explicit. Perhaps you can comment on this.
I have the example I work in with international purchase contracts and the issue of ‘irrevocable’ with respect to contract provisions. The International Chamber of Commerce wrote in their latest rules that ‘irrevocable’ is implied if it is not written explicitly unless ‘revocable’ was specified.
I don't think so. Imagine what Social Security would look like TODAY if every healthy person between 18 and 45 could opt out of paying the tax? Imagine how quickly the red ink would flow. Obamacare would be the same.
The estimates of the cost of Obamacare have already doubled since passage. Estimates of the cost to cover only people who don't have private coverage and who have existing conditions would skyrocket.