Justice Scalia says it’s “unrealistic” to leave it to Congress to figure out what to do with the rest of the law if the insurance mandate is struck down. He suggests it would be better to invalidate the whole thing and let Congress start from scratch. Mr. Kneedler, in response, said such a move would violate principles of judicial restraint.
I love Scalia!
Without the mandates. US Insurance companies cannot finance the rest of Obama care without MASSIVE premium increases.
That will result in MILLIONS losing healthcare insurance, even more than are losing it now due to Obamacare.
Ready-made Democrat ‘Crisis”
“He suggests it would be better to invalidate the whole thing and let Congress start from scratch. Mr. Kneedler, in response, said such a move would violate principles of judicial restraint.”
Well Mr. Kneedler, the judicial restraint violation would balance out the gross legislative violation.
It’s the law itself that gives Sebelius almost carte blanche to regulate as she wishes.
If the mandate is declared void but the rest of the law stands and Congress is left to figure it out, what role would they actually play?
Besides the fact that in this divided gov’t the Congress is paralyzed, what would stop Sebelius from simply assuming regulatory power over what to do minus a mandate??
I haven’t heard this discussed.
Kneedler and other liberals and democrats stand up and applause violation of the principles of judicial restraint when it suits his purposes.