If ObamaCare’s Individual Mandate Goes, Then What?
30th November 2010
Peter Suderman ponders the implications.
As I noted yesterday, the authors of the recent health care overhaul legislation failed to include a severability clause in the text of the law. A severability clause is inserted into legislation in order to protect the bulk of the law should one provision be deemed unconstitutional. But as because the PPACA has no severability clause, a court—at least in theory—could take down the entire law if it decided that the mandate was unconstitutional.
Oops.