The American Spectator

Oldefarte| 10.6.11 @ 3:10PM

Again, I simply do not hold much faith in the legal success in nullifying this redistribution of wealth health insurance governmental welfare legislation. My faith and prayer rests entirely with the November 2012 elelction results!!!!!!!

Bert Spence| 10.6.11 @ 8:05PM

Quinn, the Arizona case and its challenge of the "advisory board" indeed invokes ample precedent. The most recent SCOTUS case on a similar subject was the one that invalidated the accounting board set up by the Sarbanes-Oxley bill. But take note: SCOTUS invalidated the accounting board, but not the rest of the bill, holding that when a bill is silent on severability, it need not invalidate the whole bill if it can surgically remove one part and the leave the overall legislative scheme intact.

That decision was, in my opinion, made with Healthcare and the mandate in mind. The question is whether the healthcare advisory board's existence is essential to the functioning of the rest of the bill. If not it (and the mandate) can be surgically removed, leaving the rest of the bill intact.

We should all be very worried about such an outcome. For instance, without the mandate, private insurance will go broke quickly, paving the way for single payer. Who knows what unintended consequence would follow invalidation of the advisory board? Would HHS fill in the blanks with regulation?

Bottom line: it would be great if SCOTUS threw out the entire bill, but opponents of government-managed healthcare can't count on the courts to take the responsibility off Congress. The only real way to get rid of this monstrosity is to repeal it and have the President sign the repealer.

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