Did They Screw Up the Affordable Care Act?
March 29, 2012 9:05 AM Subscribe
Why does the Affordable Care Act (aka Obamacare) lack a severability clause?
posted by jonp72 to law & government (15 answers total) 2 users marked this as a favorite
As far as I understand it, if the Supreme Court strikes down the individual mandate portion of the Affordable Care Act, then the entire law must be thrown out, because the law has no "severability clause" that allows you to preserve the rest of the law if one portion is declared unconstitutional. What I want to know is why, and who is responsible? I'm familiar with the leftish argument that Obama is a crypto-Republican who secretly wants health care reform to fail, but that doesn't explain why he didn't just sabotage it before passage, instead of going through this Supreme Court dog-and-pony show. Was the lack of a severability clause deliberate? Was it an oversight? Or was it removed as part of the dealmaking to get the law passed? I already have my own opinion about this, so I'm less interested in getting people's opinions on this than on getting some facts that might get me to revise my opinion. Anybody here with inside-the-Beltway, journalistic, poli sci, legislative, or other relevant knowledge who can explain this?