No Severability Clause in Obamacare: Mistake or Socialist Plot?
Law Professor Jonathan Turley marvels at the mistake made by the socialists when they failed to include a severability clause in Obamacare - even as he wondered if it might have been part of a game of chicken.
TURLEY: Well, first of all, it was a colossal mistake not to have a severability clause in this legislation. It’s a standard clause in bills. It is not clear why it was kept out. Some people say it was a blunder. Other suggests and I know you know, there’s some suspicion that it might be a sort of game of chicken, that they wanted to make clear, if you take out the individual mandate, you are risking the entire bill to sort of give these judges a bit of sticker shock.
But, the Democrats really laid themselves open in how they drafted this act. Judge Vinson is not, you know, totally out of line in saying that severability was put at issue when they did not include the clause. The interesting thing is the severability clause was in an earlier draft of the legislation and was removed... something that Judge Vinson notes in his opinion.
Ed Morrissey writes at Hot Air:
If it was deliberate strategy, the triple-dog dare has clearly backfired. Not only has it resulted in 26 states being freed for the moment of compliance with ObamaCare, the sweeping nature of the ruling has made it at least a little more likely that the Supreme Court will accept an expedited review of the case — and as I wrote earlier, that’s bad news for Democrats and Obama if it happens. Be sure to read all of Noel Sheppard’s post at Newsbusters for further thoughts on that point.