My approach would be to say that if you take the heart out of this statute, the statute’s gone.
— Justice Antonin Scalia, commenting on what might happen to the Patient Protection and Affordable Care Act if the individual mandate were struck down as unconstitutional by the Court.
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(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….)
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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!
Justices Ask if Health Law Is Viable Without Mandate [New York Times]
Supreme Court considers whether to let parts of health care law stand [CNN]