Judge should have struck down entire law

posted by
December 19, 2010
Competitive Enterprise Institute
by Hans Bader  
Posted in Commentary

"This editorial about a federal judge striking down Obamacare's individual insurance-purchase mandate rightly noted that the law lacks a severability clause. Because of that, the judge should have struck down the entire health care law rather than just severing the unconstitutional part of it. To justify preserving the rest of the law, the judge cited a 2010 Supreme Court ruling that invalidated part of a law -- but kept the rest of it in force." (12/16/10)


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