From the arguments it sure looks like the mandate part of Obamacare is toast. The question was argued on the last day whether the entire bill or just that part of it should be struck down. Justice Ginsburg argued that striking the entire bill would be a radical exercise in judicial power. Justice Scalia argued that not striking the entire bill would be an exercise in judicial power.
I am inclined to agree with Scalia (surprise). Since so much of the bill hinges on the mandate leaving any part of it would mean essentially the justices deciding what should or shouldn't be the law. Which is really Congress' role. Better to nix the whole thing and let Congress start over.
I am inclined to agree with Scalia (surprise). Since so much of the bill hinges on the mandate leaving any part of it would mean essentially the justices deciding what should or shouldn't be the law. Which is really Congress' role. Better to nix the whole thing and let Congress start over.