Another court today ruled against the Obamacare contraceptive mandate.


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The law is such an inconvenient thing: Another court today ruled against the Obamacare contraceptive mandate.

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2 comments

  • Cotour

    Am I correct that because there is no severability clause in Obamacare that if one part of it is found to be unenforceable or unConstitutional, like this contraceptive mandate, that the whole law must be struck?

    Don’t these rulings threaten the whole thing?

  • You are correct, mostly. Without a severability clause the Supreme Court must rule the entire law unconstitutional if it rules any part there of unconstitutional.

    The HHS mandate however is different, in that the court is only ruling on this specific regulation imposed by the Obama administration based on their interpretation of the law. The court can rule against that regulation and not touch the Obamacare law itself.

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