Side Effects: What Obamacare and the Death Star have in Common

Kathryn Nix / August 20, 2010

So far, 21 states have filed lawsuits challenging the constitutionality of Obamacare.  As they move forward, it’s worth pondering what would happen to the health care overhaul if they succeed. Could one lawsuit be the proton torpedo that blows up the Obamacare Death Star?

Typically, courts can deem a legislative provision unconstitutional without it spelling doom for the entire piece of legislation.  But Obamacare isn’t typical legislation.

Ben Domenech explains: “Most laws of large size and scope have something called a “severability clause” attached to them. Essentially, this means that if one part of a piece of large legislation is ruled unconstitutional by a court, that unconstitutional portion is “severed” from the rest of the bill — the ruling doesn’t stop the rest of the law from being enforced.” (more…)