Wednesday, December 8, 2010

Catron on Severability

One of the interesting aspect to the legal challenges to ObamaCare is the fact that the legislation does not contain a "severability" clause. Hence, some argue that if the courts strike down the individual mandate provision as unconstitutional, then the whole law is deemed unconstitutional. At least, that's the argument.

David Catron analyzes this issue in depth in his most recent article, "Of Severability and Sins of Omission".

In particular, he discusses:
1) Was the omission of a severability clause a screw-up or a clever Machiavellian maneuver?

2) Will it make a difference in the long run?
(Read the full text.)

We'll find out soon enough...