In the oral argument regarding severability of the healthcare reform law, Justice Antonin Scalia said Congress would have to reformulate the entire law in the absence of the individual mandate. Justice Anthony Kennedy, Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. also expressed doubt that other provisions could stand alone if the requirement to buy health insurance is eliminated.
On the liberal side, Justice Ruth Bader Ginsburg said the law could retain some of its provisions.
The Obama administration said nixing the entire law could have severe consequences for those who gained health coverage under the law. For example, approximately 2.5 million people under age 26 became insured through PPACA and would lose coverage if the whole law were to fall.
The federal government did not argue to retain all remaining provisions, however. Certain provisions on insurance coverage requirements, such as the requirement to cover people with pre-existing conditions, could go, the administration said.
More Articles on Healthcare Reform:
Last Day of Reform Law Hearings Features Severability, Medicaid Expansion Arguments
Individual Mandate Constitutionality May Depend on Justice Kennedy
Why the Individual Mandate Became Necessary and What We Need Now: Q&A With Neurosurgeon Dr. Jeffrey Lobosky
