At the very least, the practice of stripping a bill of it's entire contents and replacing it, should get condemned.
But I think we might be in for a dissappointment if we are expecting a complete slap down. Given that the senate, house and President all passed this monstrosity, and given that's it's already partly implemented, I don't see a judge doing a complete smack down.
I'm trying to think of what options the judge might have:
- He can deny any tax revenues and let the rest of the bill stand. That would mean Congress would be responsible for paying for their responsibilities under the bill from general funds.
- He could do partial slap downs on the portions of the bill that have revenue generation.
- He could give Congress time to pass legislation to bring them into compliance with the constitution, with appropriate consequences if they don't.
- He could allow discovery into Obama's birth (Yeah I'm dreaming).
- Or he could do a complete slapdown, in which case it would go to SCOTUS.
-