I think they will be looking for middle ground to half way appease everybody. I hope they rule the whole thing unconstitutional but would be surprized if they do.
It is not necessary to rule the whole law unconstitutional to dispose of it. If the mandate falls, the structure built upon it — the means to fund the Act — MUST fall as the Congress failed to provide severability.
Scalia made the point by rejecting the notion the Court could be expected to wade through 3000 pages of text to cherry pick what could survive and what would fail. It is Congress’s job to write the Law; the SCOTUS will NOT do so for it.
Absent the severability component, the entire Act lives or dies on the failure of any one or more critical components.
One Man’s Opinion
21stCenturion