Jennifer Rubin explains that, even in the absence of a severability clause, judges try to save as much of a law as they can when portions of it are found to be unconstitutional, but in this case, the Obama Administration forced the court to void the entire Act:Having determined that the individual mandate exceeds Congress' power under the Commerce Clause, and cannot be saved by application of the Necessary and Proper Clause, the next question is whether it is severable from the remainder of the Act. In considering this issue, I note that the defendants have acknowledged that the individual mandate and the Act's health insurance reforms, including the guaranteed issue and community rating, will rise or fall together as these reforms "cannot be severed from the [individual mandate]."Oops. Not some crazy judge, but the administration was the source of the notion that the individual mandate can't be severed from the rest of the law.But it's not just the administration;...(Read Full Post)