Obamacare Is Non-Severable, VOID

Let’s go back 14 months to January 31, 2011 when Pensacola’s own Judge Vinson of the United States District Court for the Northern District of Florida became the second federal judge to strike down Obamacare’s individual mandate.

But Judge Vinson went further. He dealt with what the Supreme Court is having to decide now, whether or not the legislation is severable. Whether some parts can be stricken and the rest stand?

Judge Vinson’s decision, which was proffered by the government’s attorney, was that “the individual mandate and the remaining provisions are all inextricably bound together in purpose and must stand or fall as a single unit.” Accordingly, Vinson concluded: “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.” {emphasis added}

Had the administration followed the legal process, they would have either appealed the decision or requested a stay. They did neither. The reaction of the lawless administration was that because the judge did “not order the government to stop implementing the law, a senior administration source said ‘implementation will proceed at pace.’”

Then in August 2011, a three-judge panel of the U.S. Court of Appeals for the 11th Circuit also ruled that the provision of the law that requires people to buy health insurance or face an annual penalty is unconstitutional. The ruling affirmed an earlier decision by U.S. District Judge Roger Vinson of Pensacola, Florida.

Curiously though, the court also ruled that absent the mandate, the Act can continue. What this means is that three judges on the U.S. Court of Appeals for the 11th Circuit pulled a severability clause out of thin air. Because neither the individual mandate or the Act itself contain a severability clause, on purpose.

The future of our country and our relationship with the government rests on whether this bill dies at the Supreme Court. If not, then the 2012 election will be repeal and replace. There is a private-sector alternative.

Links: Obamacare Is Void, Lawless Administration Doesn’t Care  |  11th Circuit Court Of Appeals Affirms Judge Vinson, Sort Of  |  An Alternative To Obamacare Already Exists