…quick analysis of the Virginia Obamacare court decision (short version: individual mandate unconstitutional, severable from the rest of Obamacare, no injunction on Obamacare as a whole until the Supreme Court takes a gander at the law), I really have only one thing to add: the severability issue was always going to be more of a political issue than it would be a legal one. We were always going to have a big bite at that apple; Judge Hudson’s declining to address the point doesn’t really signify.
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Since there are multiple lawsuits to take a crack at the law, one of the others is likely to rule differently on the severability issue.