I bet it was removed as a poison pill. With Kagen on the bench she would argue the 1/2 loaf BS in order to rescue parts. it was and is a poison pill.
She really has nothing to stand on. I kept hearing the word “intent”. “what was their intent”? That is easy, their intent (a la Harry Reid) was to remove the severability clause in order to pass it. She has no argument. Both halves of this loaf are toast (pardon the pun)!
Kagan’s strategy is to argue if ANY part stands then it ALL has to stand. The left is arguing, and planned, a ONE CLAUSE rule. One clause saves it all.
IOW Obama thought the USSC was stupid.
That is why he disrespected Roberts during the state of the union. Obama viewed himself as imperial over all.