[NonValueAdded]

Justice Kennedy on at least two occasions suggested that going into the law to pick and choose which provisions should survive would actually be a more “awesome” exercise of legislative power than striking down the law as a whole.

So basic yet so profound - frightening that it actually had to be uttered and that it becomes news.

I haven't read all of the coverage but did anyone raise the point that if Congress wanted the law to stand should a portion was deemed Unconstitutional, they would have added a severability clause as they have done so many times before?

[Jacquerie]

The Center for American Progress and the various Marxist groups that wrote Obamacare knew exactly what they were doing regarding severability. IMO, it was omitted as a way to dare the court, as in, “the court will not have the courage to dump the entire statute just because of one clause.”

[Crucial]

I don’t understand Kennedy’s argument. It stands to reason that a bill that has unconstitutional provisions may also actually have constitutional provisions. Now, the individual mandate may make the entire bill unconstitutional as a whole.