27 Congressmen to Court: If Individual Mandate’s Unconstitutional, Strike Down All Obamacare

Fred Lucas
CNSNews.com
1/9/2012

Twenty-seven members of Congress, including House Judiciary Committee Chairman Lamar Smith (R-Texas), have signed an amicus brief asking the U.S. Supreme Court to strike down the entire Obamacare law if it finds that the individual mandate provision is unconstitutional.

The Family Research Council filed the amicus curiae in the case challenging the constitutionality of the individual mandate of the Patient Protection and Affordable Care Act, commonly known as Obamacare.

The individual mandate is one provision in a larger law that also requires certain employers to provide government-approved insurance or face a penalty, establishes exchanges for government-approved insurance plans and requires insurers to cover pre-existing conditions.

Key to the high court’s decision will be whether striking down this provision would nullify the entire law. The legislation did not contain a severability clause. Severability would allow some parts of the law to be struck down while maintaining others…

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