03.28.2012 0

Individual mandate severability in question

By Bill Wilson — Today’s oral arguments show the Court may be accepting the premise that the individual mandate will be struck down. What remains is the rest of law, and the justices appear to be pretty evenly split on that matter. This may indicate that a split decision is in the works, wherein a wide majority finds the mandate to be unconstitutional, and a narrow majority strikes down the entire law.

The entire law should go. The Pelosi-Reid-Obama law is so shoddily put together, and so blatantly unconstitutional in so many areas, in the end, it will be impossible for the Court to discern which parts Congress would have wanted severed and which it wouldn’t have — impractical to separate the tolerable from the putrid.

The safer route is to throw the whole thing out, and allow Congress to figure out what to do. Putting a few ripe apples into a bushel of rotten fruit does not make the entire lot edible.

Bill Wilson is the President of Americans for Limited Government. You can follow him on Twitter at @BillWilsonALG.

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