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I was looking over ACB testimony last week and was struck by her interchange with one of my Senators - DiFi - on her views of severability ability.
Specifically this passage:
As I read this, it seems to me that that category 5 shit storm the loony left spun up about how ACB was singlehandedly going to destroy Obamacare and take healthcare from ten gazillion people is bogus. The bolded sentences are the critical point, IMHO. The mandates were intended to force people to buy insurance but people did so without coercion as well. So, the answer to her questions is a resounding "YES".
Even though O-care is a far left program - it WAS the law congress passed and likely would have even without the mandates. I'd bet she votes for severability.
Specifically this passage:
Barrett: I think the doctrine of severability as it’s been described by the Court, you know, serves a valuable function of trying not to undo your work when you wouldn’t want a court to undo your work. Severability strives to look at a statue as a whole and say, would Congress have considered this provision so vital that, kind in the Jenga game, pulling it out, Congress wouldn’t want the statute anymore? So it’s designed to effectuate your intent. But — severability is designed to say well, does Congress still want the statute to stand even with this provision gone? Would Congress have still passed the same statute without it? So I think insofar as it tries to effectuate Congress would have wanted, it’s the Court and Congress working hand-in-hand.
As I read this, it seems to me that that category 5 shit storm the loony left spun up about how ACB was singlehandedly going to destroy Obamacare and take healthcare from ten gazillion people is bogus. The bolded sentences are the critical point, IMHO. The mandates were intended to force people to buy insurance but people did so without coercion as well. So, the answer to her questions is a resounding "YES".
Even though O-care is a far left program - it WAS the law congress passed and likely would have even without the mandates. I'd bet she votes for severability.