Monday, March 29, 2010

Wouldn't it be great?

If the Supreme Court invalidated the individual mandate? BTW - since the there's no severability for that portion of the bill, the entire thing would be trashed.

It's a tremendous longshot. It's doubtful that the judges would want to take a stand on this, but there are a couple of things working in favor:

1 - As the (misguided) article suggests, there is no clear precedent on a mandate to purchase something from a private enterprise
2 - Obama's F-you to the court in the state-of-the-union address after the Citizens United might have pissed off the conservative block enough to return the favor

In the end, it's unlikely - I doubt that Kennedy will stand for it - but we sure can hope. And, it will definitely get there. No way Republican Attorneys General will drop this in the run-up to the midterms; best for them, it's doubtful the case would be argued before the next term.

Let's keep our fingers crossed anyway...

in reference to: Editorial - The Legal Assault on Health Reforms - NYTimes.com (view on Google Sidewiki)

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