By now, readers have no doubt heard the news that the 5th Circuit Court of Appeals has (also) found the (Evil) Mandate/Tax/Penalty unconstitutional:
"The 5th Circuit U.S. Court of Appeals by a 2-1 vote concluded the original law’s key funding mechanism ... was properly eliminated by Congress and therefore the entire law could not be enforced."
That last is due to a little something called "severability," about which we last wrote a year-and-a-half ago:
"Severability simply means that if one part of a particular law is deemed unenforceable, the rest of it could still be fine. But its absence would mean that if one part is tossed, then the rest is, too."
The key is whether or not the law as written contains a clause explicitly stating that severability does not apply, which clause was glaringly omitted in the ACA itself. This ruling is the latest in the Saga of the 19 (states suing to eliminate ObamaCare altogether).
At issue now is how the Supreme Court (where all of this will eventually end up) will finally rule. I suspect that Chief Justice John "It'sNot A Tax" Roberts will side (again) with the Democrat Associate Justices and scuttle this effort, leaving ObamaCare largely in place.
"The 5th Circuit U.S. Court of Appeals by a 2-1 vote concluded the original law’s key funding mechanism ... was properly eliminated by Congress and therefore the entire law could not be enforced."
That last is due to a little something called "severability," about which we last wrote a year-and-a-half ago:
"Severability simply means that if one part of a particular law is deemed unenforceable, the rest of it could still be fine. But its absence would mean that if one part is tossed, then the rest is, too."
The key is whether or not the law as written contains a clause explicitly stating that severability does not apply, which clause was glaringly omitted in the ACA itself. This ruling is the latest in the Saga of the 19 (states suing to eliminate ObamaCare altogether).
At issue now is how the Supreme Court (where all of this will eventually end up) will finally rule. I suspect that Chief Justice John "It's
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