I saw Ken Cucinelli on Greta last night and he said the the severability clause was in the bill when it went to the Senate. It was Harry Reid who knowingly removed it. If it was in there and they took it out, it means they wanted and voted on the bill as a whole. He said he included this information in his brief.
It was a calculated risk for the Statist, because if it was serverable, the whole thing fell apart. Ditto that they couldn't bring it back up and add it because by that time the "60th" Vote for "Cloture" i.e. Scott Brown had come on the scene and they couldn't bring it back.
The Death of the Swimmer Kennedy, Scott Brown takes it and now the courts may throw it out because they were to clever by half in trying to fundementally change this nation and have total control.
Don't tell me G_d doesn't work in mysterious ways...
A bigger lesson will be learned as discussed on Bill Bennett today, and that is this will foster a discussion that the Statist have not had as they have been in control and on autopilot and that is, What is the role of the Federal Government?
A very sharp poster on here theorized that the Senate removed severability at the behest of insurance industry lobbyists.
The theory goes that they were only willing to swallow the rest of the Obama crap sandwich if 50 million new paying customers at gunpoint came along with it. If that goes away they wanted to be off the hook for the rest.
If for some reason the Court lets the rest stand, look for the return of Harry and Louise. They are gonna unleash Negative Ad Armageddon on Obama to get this thing repealed.
Nobody is gonna play Charlie Brown and the Football with them and get away with it.
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.