Miller on Severability

From Severability for ObamaCare:

Obamacare diehards maintain, perhaps out of habit, that the Court will simply uphold the entire law, so there’s no need for further “severability” analysis. A surprisingly under-informed set of health policy analysts and media sources seem to be gravitating toward the conclusion that the Court will only strike down the individual mandate and leave everything else standing (as the 11th Circuit Court of Appeals decision in this case did, mistakenly). This overlooks the fact that even the official legal position of the solicitor general on behalf of the Obama administration is that, if the individual mandate is declared unconstitutional, two other insurance regulation provisions for guaranteed issue of private health coverage and adjusted community rating of the premiums for such insurance would need to be dropped as well. (Translation: The ACA’s over-touted “protections” against insurers’ charging more, or denying coverage, in the individual insurance market would be overturned even before they are scheduled to go into effect in January 2014). Consider this the “best case” scenario for ACA defenders if they lose the individual mandate issue on constitutional grounds.”

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