Federal Court Strikes Down Key Provision of ObamaCare
by Karla Dial Source: CITIZENLINK
"In a landmark decision, a three-judge panel of the 11th U.S. Circuit Court of Appeals ruled on Friday that the key tentpole in President Obama’s federal health care law — a mandate to force all American adults to buy health insurance or pay a penalty fee — is unconstitutional."
“"This all but guarantees that the Supreme Court is going to have to hear this case, and very likely will hear this case next term,” said Robert Alt, a senior legal fellow and deputy director of the Center for Legal and Judicial Studies at The Heritage Foundation in Washington, D.C., adding that the Court will most likely give today’s decision the most weight. “I’m not aware of any time in our nation’s history when more than half the states have actively sued the United States over a law. And I think the Supreme Court is going to take this case very seriously".
BUT - There is another thing that needs to be talked about - Severability - or, more precisely - the lack thereof in the writing of the Obamacare Bill.
"The trouble for Obamacare is that it doesn’t have a severability clause." Which means, "...if Attorney General Ken Cuccinelli is successful in his Virginia case against the individual mandate, the entire legislation could collapse" because without severability, components of a law cannot be extracted - it's either all of it or none of it.
How did that happen?
Sounds to me like somebody screwed up along the way, or, you can consider this explanation, "Some people have claimed the severability clause is absent from Obamacare because the writing process of the bill was such a cluster, the clause was just forgotten. But the reality, I’m told, is that a severability clause would’ve been added in conference between the House and Senate. Except that as you know, no such conference happened — everything had to be done via reconciliation after the House passed the Senate bill. Hence, no severability clause." Read More At: REDSTATE - Severability and Obamacare by Ben Domenech
It all seems like quite the load to me. The 'decision' is just sliding on down the bowl of the supreme throne of the land. That's probably where the crap will lay surrounded by paperwork while Uncle Sam sit's on his ass, as usual. It will be such a big turd that the pipes won't let it pass and the whole shooting match will spill over the rim stinking this once blessed land all the way up to high Heaven.8/12/11 the Eleventh Circuit Court in Atlanta rules ObamaCare unconstitutional
