By: Jeffrey Klein
We have all seen the television shows and movies where the starship, cruise missile or vehicle has a “self-destruct button,” or other mechanism, to destroy it remotely on command in order to save the day.
And, the Affordable Care Act, also known as Obamacare, has one too–by virtue of the “lack” of a “Severability” clause, which is standard language included in nearly all bills submitted by Congressmen.
In law, Severability, in the context of legislation, is defined as:
“A severable statute is one that …
… after an invalid portion of it has been stricken …
… remains self-sustaining and capable of separate enforcement …
… without regard to the stricken provisions.
In the case of Obamacare, a Severability clause was specifically and affirmatively omitted from the bill before it was voted into law, because it was well known even by its’ framers that the other portions of the law could not practically or financially survive, as a matter of fact.
Now, the lack of a Severability clause in Obamacare is in the spotlight, because during the past three days, the United States Supreme Court has heard six hours of arguments, primarily focused on the constitutionality of the so-called “Mandate” portion of the law.
As the arguments concluded yesterday morning, the justices can meet at any time to tally a vote on the question–‘Is the Obamacare Mandate constitutional…or not?’
According to court watchers, the vote could occur as early as tomorrow.
Thereafter, the decision of the court, along with the accompanying opinion(s), could be published into the public record and reported on by media–far in advance of the originally contemplated June time frame.
Simply put, if the U.S. Supreme Court finds that the Obamacare Mandate is unconstitutional–the very lack of a Severability clause in it would immediately vaporize the entire 2,700 page Affordable Care Act of 2010, and cause the retraction of any implementations to this point.
Only then, would the consistent will of two-thirds of the American voting aged population receive ultimate justice in recognition of their dissent toward Obamacare.
And in November, they will once again be able to vote their dissent against President Barack Obama, who brought “change” to the country, which nearly destroyed any “hope” for its’ future.