Tuesday, February 01, 2011
Using the Wrong Organ
Then there is Jennifer Rubin, who doesn't talk so much about the case as about the non-lawyers on the left reacting thereto. She says, with a lot of justification, that the left was not prepared for the ruling.
Venting one's spleen is not using the old noggin'.
The ruling is sound and not unexpected. The individual mandate is indeed not severable from the rest of the act and the unconstitutionality of the individual mandate will be upheld in the Supreme Court. Can't say that holding the whole thing void will be upheld, although it should. The Dems gambled with not including the normal Severability Clause and may pay the price.