Most seem inclined to let parts of it stand
(NEWSER) - If the individual mandate is deemed unconstitutional , should the rest of President Obama's health care reform die with it? Supreme Court justices wrestled with that question today in the third and final day of arguments, with the challengers' lead attorney stating his case simply: “If the individual mandate is unconstitutional, then the rest of the act cannot stand," said Paul D. Clement. That got a mixed reaction, reports the Washington Post and New York Times :
- Antonin Scalia: He sounded sympathetic. “My approach would be to say that if you take the heart out of this statute, the statute’s gone.”
- Ruth Bader Ginsburg: She disagreed. “There are so many things in this act that are unquestionably OK,” she said. If the choice is between "a wrecking operation and a salvage job, a more conservative approach would be a salvage job."
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