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View Diary: Big story: HCR ruled unconstitutional. Little story: 14 judges disagree. (179 comments)

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  •  According to what I'm reading ... (3+ / 0-)

    ... the thing is that the judge ruled that the mandate can be severed from the rest of the ACA. Apparently, Democrats, because they're, you know, Democrats, didn't put in a standard "severability" clause saying that if one part of the act is found unconstitutional it doesn't mean the whole bill gets thrown out. But this judge, even while ruling against the mandate, says that it is severable.

    Links here and here.

    I also think this is overblown. Republicans are doing a victory lap, but that's just because they haven't yet gotten the phone calls from their insurance-industry bosses saying "The mandate is the only part of the ACA we like. Stop messing with it." Which they dutifully will.

    Fight until we win. Then we can begin arguing about the details. - Kwickkick (RIP) 2009

    by RickMassimo on Mon Dec 13, 2010 at 02:51:08 PM PST

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