Hi guys!
I won’t say too much on the subject—because I just took the relevant constitutional exam last week and I am not confident I did well—but I can say that Democrats were not stupid not to include a severability clause in the health care bill. That’s the silliest thing I’ve heard yet in the health care debate (and people are arguing that the decision to rely solely on emergency room visits for your health care needs is not an economic activity!). First, the health care bill would not make sense without the individual mandate—it relies on a bigger insurance pool to reduce costs for insurance buyers. There was no reason for Dems to include a severability clause because they didn’t and don’t want the bill to exist without the individual mandate. Second, courts avoid dismantling central components of laws whether or not there’s a severability clause spelled out in the legislation.
Both pro- and anti-health care decisions will be appealed all the way to the Supreme Court, so this lone federal judge doesn’t really matter. (But Justice Kennedy does! And maybe even Justice Scalia.)
For a good primer on the basic Commerce Clause issue here, I recommend this guy. Or you can read a more advocacy-oriented issue brief here.
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UPDATE: Actually, it turns out that the judge thought the provision WAS severable, which means the doofuses at TPM that Dan linked to were scared of nothing, but it also means I overestimated the judge. The judge struck down only the individual mandate provisions; he left the rest of the law standing. (pp. 38-40)
Will somebody, preferably somebody with a terminal diagnosis who’s enjoying his or her last few months of full functionality, please assassinate the Gang of Four: Scalia, Thomas, Roberts Jr. & Alito?
Please?
I’m getting to the point of trying it myself and I’d probably fuck it up.
The Dems wanted the individual mandate because the insurance industry wanted it, and for no other reason.
Have another steak, Scalia. Have two. With butter. And seven glasses of whisky. Followed by four of port. And two cigars.
Though I suspect Scalia is already one of the Undead.
Judge Henry Hudson’s ruling today is simply bad for consumers – in Virginia or any other state.
If higher courts affirm Hudson’s ruling, Americans with insurance would be left with more than $1,000 a year in higher insurance premiums because too many of those without coverage will continue to use the Emergency Room as their primary care.
Fortunately, today’s ruling will not be all the courts have to say about the new law. Federal courts in Michigan and Virginia have already ruled in favor of the Affordable Care Act; twelve other federal courts have outright dismissed similar challenges, and a Florida judge will hear arguments this Thursday in a suit brought by state governors and attorneys general including Washington Attorney General Rob McKenna, who are opposed to the law.
Because Judge Hudson declined to issue an order halting implementation of the law or to strike down the law as a whole, these lawsuits will likely be resolved by higher courts before any negative impacts are felt by consumers.
But if these lawsuits ultimately prevail, the only winners will be the industry interests who will once again be free to drive up costs and deny coverage.
Has anyone noticed that we never see the Supreme Court in daylight?
Hmmmm.
“That’s the silliest thing I’ve heard yet …”
please don’t mock Dan’s insightful political analysis.
He is, after all, the mind behind Santorum…..
~lawl student~
I’m sure if all four hard-right justices died in car crashes tomorrow, Obama would just appoint 4 conservative replacements as a preemptive bipartisan compromise.
@8 for the America Is Totally Fucked win. Or loss. But we’re still fucked.
A right wing judge takes an extreme stance on the commerce clause and you’re surprised we have nothing to worry about? Look at the supreme court, tell me one judge that can convince 2 others that the government should have less power. lol
@8 One of the few things we liberals can rely on Obama to do is consistently appoint Kagans and Sotomayors, who if they aren’t fairly reliable liberals, then the dynamic truly has shifted way way way too far to the right, to SCOTUS.
Whatever the constitutionality of the individual mandate, it’s a fucking terrible policy. Forcing everyone to buy health insurance from private companies is wrong and stupid. It would be so much simpler and cheaper to have a Single Payer or fully government run system. Instead we being mandated to inflate insurance industry profits in exchange for a tiny bit more oversight.