Showing posts with label severability briefs. Show all posts
Showing posts with label severability briefs. Show all posts

Wednesday, March 14, 2012

Health Care Briefs: Amicus Briefs Attempting to Protect Specific Provisions of the Affordable Care Act

In the event that the Supreme Court strikes down the individual mandate of the Affordable Care Act, the Court will have to decide whether the remainder of the Act, or certain provisions of the Act, are "severable" from the individual mandate and therefore constitutional.  A number of organizations have filed amicus briefs asking the Court to spare specific provisions of the Act.  The number and significance of these provisions remind us how vast and encompassing this law is, and how unlikely it is that the Supreme Court will declare it unconstitutional.