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DOJ Gambles in the Courts About Constitutionality of the Individual Mandate

Thursday, October 27, 2011

In a frantic rush to ram the President's healthcare takeover into law, Obama administration officials omitted a "severability" clause into the legislative language which means if the Supreme Court finds the individual mandate unconstitutional, then legally, the entire law should collapse since congress can't remove the unconstitutional segment and still uphold the law.

The Wall Street Journal explains that the Department of Justice has recently filed legal briefs in which the Department argued that the individual mandate is not severable from ObamaCare. DOJ has upped the ante, telling the courts that if they find the mandate unconstitutional, they must, in effect, find the entire law unconstitutional.  DOJ is gambling that judges won't be willing to rule in this way - in effect challenging the courts to ignore the obvious unconstitutionality of the individual mandate. 
  
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