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Politics : Liberalism: Do You Agree We've Had Enough of It?

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From: Kenneth E. Phillipps12/13/2010 3:35:11 PM
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"The Court will sever only Section 1501 [the individual mandate] and directly-dependent provisions which make specific reference to 1501." That last clause has made a lot of pro-reform legal analysts very happy. Go to the text of the health-care law and run a search for "1501." It appears exactly twice in the bill: In the table of contents, and in the title of the section. There do not appear to be other sections that make "specific reference" to the provision, even if you could argue that they are "directly dependent" on the provision. The attachment of the "specific reference" language appears to sharply limit the scope of the court's action.

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