A Florida federal judge, responding to a suit brought by 26 state Attorney's
General, has struck down the entire health care plan.
Here's the sequence of events:
The House of Representatives reached into several members filing cabinets
and cobbled together a health care and insurance plan. The experts knew it
wasn't perfect, but due to time constraints, they figured the Senate would
apply a protective polish. The bill passed the House last March 21st by 4
But Scott Brown was elected March 19th. His presence in the Senate provided
the 41st vote to sustain a filibuster by Republicans.
So the Senate had two choices:
1. Pass the bill as it stood, needing only 51 votes to do so, or
2. Open the bill to amendments which were subject to filibuster.
The Senate chose the former, passed the bill, and sent it to the president.
But the bill did not have its contents perfected. In particular, it lacked a
"severability clause." A severability clause is boilerplate, usually part of
a bill, that says if any part of the resulting law is found
unconstitutional, the remaining parts will continue to stand.
Now to today: A federal judge concluded that the "individual mandate" part
of the health care law was unconstitutional and, in the absence of a
severability clause, he is compelled to strike down the whole thing.
The blame for the failure rests entirely with Ted Kennedy. Had he not died,
Scott Brown would not have been elected, ...
Hi, ho, hi, ho, to the Supremes we go...