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View Diary: Obama administration petitions Supreme Court to hear health care lawsuit (85 comments)

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  •  This has been ruled differently... (1+ / 0-)
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    ferg

    ... in a couple jurisdictions, whether severability is in effect or not.   I think/not sure that this is one of the instances were the mandate does NOT take down the whole enchilada.   If SCOTUS does uphold the 11th ruling, I don't think it takes out ACA, just the mandate.

    Please let me know if I am wrong.

    •  depends (2+ / 0-)
      Recommended by:
      Adam B, cocinero

      Many economists would say that the mandate is needed to make pre-existing condition regulation work (at least long term) because people might only take coverage if they're sick.

      The court could decide that Congress passed the bill with that economic argument in mind. If so, the mandate might not be severable from the pre-existing conditions regulation.

      (not a lawyer)

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