My approach would be to say that if you take the heart out of this statute, the statute’s gone.
(How open is Justice Scalia to reviewing the particular provisions of Obamacare to decide which provisions should stand and which should fall? Let’s find out….)
He’s apparently not a fan of the idea:
You want us to go through 2,700 pages? Is this not totally unrealistic … to go through one by one and decide each one?
Silly Scalia, that’s what law clerks are for!