If the mandate falls, the entire bill will be struck down. First, there is no severability clause by design. Second, how can the supremes evaluate all of the intricacies of what should be kept or not and what the consequences of each decision would be? ===> they can’t and they won’t.
They’ll say “no dice” and strike it all if they strike the mandate. It’s not gonna stay if it doesn’t all stay.
If the mandate falls, the entire bill will be struck down. First, there is no severability clause by design. Second, how can the supremes evaluate all of the intricacies of what should be kept or not and what the consequences of each decision would be? ===> they can’t and they won’t.
They’ll say “no dice” and strike it all if they strike the mandate. It’s not gonna stay if it doesn’t all stay.
Excellent points!
The problem is that they have let other (less controversial) laws slide without a severability clause, so there is precedent.
During oral arguments, didn't they ask that if the Congress wasn't willing to read the bill before voting on it, then why expect the Court to read it?
Sounds to me like they strike it all, especially if severability was purposely removed.
-PJ
The mandate is not severable and the Supreme Court is not going to legislate from the bench in this case.
It’s going down 6-3 and don’t be surprised if the wise latina is I’m the majority.