Reflections From a Murky Pond

As has become almost commonplace and as was foreshadowed by his stated reasons for his refusal to dismiss all portions of Florida v. US Dept. of Health and Human Services, Senior United States District Judge, Roger Vinson ruled that the Individual Mandate that ObamaCare is predicated upon to be unconstitutional.

This causes the entire law to be made void since it lacks a severability clause.

Simply put, the Liberals who attempted to rule Congress and our nation did not add a Severability Clause to ObamaCare and, therefor the Individual Mandate cannot legally be stripped from the Act.  An example of such a clause is shown below:

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

During at least some of the many iterations of the Bill there was a severability clause included in it. It did not, however, survive to the final draft which was eventually signed into law. Nor could it or should it have, if basic common sense were to prevail, been included in the law.

The Individual Mandate was first and primary among a plethora of rules and codicils with the Patient Protection and Affordable Care Act of 2010 that were inextricably bound to the whole of the Act and absolutely vital to its function and were “novel,” “unprecedented,” and legally and constitutionally questionable. Without it the entire Act will implode upon itself because its entire funding and actuarial model would be gutted.

So ObamaCare is now void where prohibited, which is currently on in Florida. That will change when the 11th Circuit Court of Appeals hears the case and/or when it goes before the US Supreme Court.

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States represented in Florida v. US Dept. of Health and Human Services lawsuit were:

Additionally, Oklahoma and Virginia have also filed independent lawsuits against Obamacare. That brings the number of states that have brought suit against the Obama Regime over all or parts of the Patient Protection and Affordable Care Act of 2010.

Tags: America | Commerce Clause | Courts | Crime | Federal Courts | Healthcare | Insurance | Law | Obama | Politics | The Constitution | Vinson

This entry was posted on Wednesday, February 2nd, 2011 at 11:50 am and is filed under Politics. You can skip to the end and leave a response. Pinging is currently not allowed.