Justices Appear Split On ObamaCare Severability
Of course, the reliable lefties Ginsburg, Kagan, and Sotomayor want to keep it all, but critical swing vote Kennedy seems — at least right now — to be in favor of tossing it all out, according to this report.
Justices Anthony Kennedy and Samuel Alito said the real act of judicial activism would be to impose a risk on insurance companies that Congress did not intend. The mandate was included primarily to bring healthy people into the insurance market, offsetting the cost of requiring insurers to cover everyone.
And this one:
But Justice Anthony Kennedyexpressed concern with that view, saying it might end up worse for insurers and that it would be a “more extreme exercise of judicial power.”
If Congress knew what it was doing, it would have inserted a simple severability clause in the law, stating that if one part is invalidated the rest continues working, but they were so sure that it would never be overturned, they apparently decided they didn’t need that. That overconfidence could easily send the whole law into the trash bin, where it belongs.