[Guest post by Aaron Worthing; if you have tips, please send them here.]
Update: My promised analysis of the opinion is here.
And if David Weigel is right, it was the issue of severability that bit them in the keister. That means the entire law is declared unconstitutional, at least in that court.
I have written before where the failure to read the law caused them to pass a law without a normal severability provision. And I have written in the past where Judge Vinson has punished congress (intentionally or not) for their failure to carefully read and craft this legislation. That should be a useful backgrounder.
But I haven’t read a word of the decision. I will post analysis when I do.
And by my count, two other district courts upheld it. So, so far the score is 2-2. And the other case that struck it down, only struck down the mandate, and severed the rest. So bluntly, I think this is well on its way to the Supreme Court. And when it gets there, I have previously argued that Justice Kennedy will see Obamacare as the end of the right to privacy and strike this law down. (Warning: Coarse language the last link.)
Anyway, you can read the opinion at Weigel’s link. And regardless of all that, this is a very hopeful sign.
(Hat Tip: JD)
Update: Here’s another link to old analysis while I read it explaining why I think the mandate is unconstitutional under the First Amendment.
Update (II): Still reading, but this analysis is relevant, too. As in, the judge is employing logic very similar to this post.
Update (III): And this post on Kagan is directly relevant.
[Posted and authored by Aaron Worthing.]