Justice Department Tells Court Obamacare Unconstitutional, Could Strike Down Entire Law

www.breitbart.com ^ | 26 Mar 2019 | KEN KLUKOWSKI

[Red Badger]

WASHINGTON, DC – The Trump-Barr Department of Justice (DOJ) informed a federal appeals court on Monday that it agrees with Texas and the other states suing over Obamacare that President Donald Trump’s repealing of the individual mandate renders the entire law unconstitutional, and therefore should be struck down in its entirety.

This all turns on the legal doctrine of severability. Much of the time when a statute is unconstitutional it is actually only partially unconstitutional. Typically a court will strike down that part of the law, but sever it from the rest of the statute and uphold the remainder.

Pundits who have never studied or litigated severability will surely show up on television now posing as experts, and criticizing DOJ’s position. But writing as a former law school faculty member who authored the largest academic work on severability doctrine ever published, permit me to describe the argument and why it should be taken seriously.

President Barack Obama signed the Affordable Care Act (ACA) in 2010 when a Democrat-controlled Congress passed that statute without a single Republican vote in either the House or Senate. Various plaintiffs immediately filed suit. In the biggest lawsuit, a majority of states in the nation – along with the National Federation of Independent Businesses (NFIB) and several private individuals – filed suit in Florida, arguing that the ACA was unconstitutional.

The plaintiffs raised multiple constitutional issues. At the heart of the legal challenge is the doctrine of enumerated powers: The Constitution gives the federal government only limited powers, and so every provision of every law Congress passes must be authorized by one of the provisions of Article I, Section 8 of the Constitution.

[minnesota_bound]

9 years and counting of wrecking this countries health care.

[Svartalfiar]

Ronald Reagan was right when he said, “Government doesn’t solve problems—it subsidizes them.”

Q. Can any thing less than a military force carry the [Obamacare] into execution?
A. I do not see how a military force can be applied to that purpose.
Q. Why may it not?
A. Suppose a military force sent into America, they will find nobody in arms; what are they then to do? They cannot force a man to take [Obamacare] who chooses to do without them. They will not find a rebellion; they may indeed make one.

[qaz123]

Complacency and indifference has destroyed this country.