Monday, December 13, 2010

Obamacare unconstitutional

A Federal Judge has ruled that the Obamacare individual mandate is unconstitutional. This is not done yet, because it's clearly going to go to the Supreme Court.

But many of us made this argument before they passed it, before he signed it, and were mocked for making it. It doesn't look like quite as outlandish a contention today, does it?

Two points:
  • The bill, as passed, did NOT include a non-severability clause. Which means that, if one part goes out, the whole of it goes out.
  • Regardless of the presence or absence of a severability clause, none of the bill works, even in the "the world will behave the way we decree it will" mindset of the leftists, without an individual mandate.

Where do we go from here? To the next court, obviously. But this is a good thing, and a judge has made a correct decision.

Update:
Let’s remember that these mandates are the central tenets of Obamacare. Gut them and the law falls apart.
- Sen. Orrin Hatch
Exactly right.

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