Internet Scofflaw

A federal judge in Pennsylvania has found health car nationalization’s individual mandate unconstitutional. On severability, he splits the difference: the pre-existing conditions provision is not severable, but the rest is.  I think that’s a tenable position, as the individual mandate was designed specifically to support the pre-existing conditions provision. Still, I think a very strong argument can be made on similar grounds for striking down the price controls as well.

This entry was posted on Tuesday, September 13th, 2011 at 4:13 pm and is filed under Legal. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.