First severability argument update
Paul Clement is finished. The Court was skeptical that the whole act should fall if the individual mandate is invalid. But there wasn’t any clear indication of how far the Court would go. It seemed like there wasn’t much question, except from Justice Sotomayor that the community rating and mandatory issue provisions would fail, that is the government’s position. The fact that the liberals were very engaged, particularly Justice Kagan, may show that they are very worried that the mandate is going to be held unconstitutional.
Recommended Citation: Kevin Russell, First severability argument update, SCOTUSblog (Mar. 28, 2012, 11:17 AM), http://www.scotusblog.com/2012/03/first-severability-argument-update/