Posts Tagged ‘severability clause’

Democrat Congress Is No Aristotle, Obamacare Whole Is Not Greater Than The Sum Of The Parts

February 1, 2011

A federal judge ruled that Congress violated the Constitution by requiring Americans to buy insurance as part of the health overhaul passed last year, and said the entire law “must be declared void.”

With his ruling, U.S. District Judge Roger Vinson set up a clash over whether the Obama administration still has the authority to carry out the law designed to expand insurance to 32 million Americans.

A Florida federal judge on Monday ruled that a key plank of the health overhaul passed last March violates the Constitution, in a decision that could threaten the Obama administration’s ability to implement the law.

David Rivkin, an attorney for the plaintiffs, said the ruling meant the 26 states challenging the law must halt implementation of pieces that apply to states and certain small businesses represented by plaintiffs.

But the Obama administration said it has no to plans to halt implementation of the law.

In his 78-page ruling, Judge Vinson wrote that the entire law must be voided because the individual insurance mandate is “not severable” from the rest of the law. Some laws contain what’s known as a severability clause that says the rest of the law stands should a judge strike down a piece of it. But Democrats left it out.

Democrats are no Aristotle and  left out severability clause. Obamacare is not greater than the sum of its parts.