Comments on: Assessing Legal Prospects for Lawsuit Over Federal Health Care Reform http://www.showmedaily.org/2010/07/assessing-legal-prospects-for.html Advancing liberty with responsibility by promoting market solutions for Missouri public policy Thu, 24 May 2012 16:17:46 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: Dave Roland http://www.showmedaily.org/2010/07/assessing-legal-prospects-for.html/comment-page-1#comment-7273 Dave Roland Mon, 12 Jul 2010 03:43:32 +0000 http://www.showmedaily.org/?p=19851#comment-7273 That's a very difficult question to answer. Most statutes have a provision that states that if any one section of the law is declared invalid, the rest will continue in operation. As far as I have seen, the federal health care reform law does not include such a provision. That merely means that courts have the option of taking the whole thing down - not that they necessarily have to. My best guess is that courts will not want to take down the entire set of reforms if one or two of the provisions are invalidated. That’s a very difficult question to answer. Most statutes have a provision that states that if any one section of the law is declared invalid, the rest will continue in operation. As far as I have seen, the federal health care reform law does not include such a provision. That merely means that courts have the option of taking the whole thing down – not that they necessarily have to. My best guess is that courts will not want to take down the entire set of reforms if one or two of the provisions are invalidated.

]]> By: Papillon http://www.showmedaily.org/2010/07/assessing-legal-prospects-for.html/comment-page-1#comment-7239 Papillon Thu, 08 Jul 2010 19:00:44 +0000 http://www.showmedaily.org/?p=19851#comment-7239 Would the whole bill get stuck down on unconstitutional or just the provisions that are unconstitutional? I realize you are only offering an opinion. My own thought on count eight--don't confuse what is legal with what the government will pay for. I hope there are panels to decide what Medicare will pay for [or not] and encourage people to buy insurance over top of Medicare to pick up any perceived deficiencies. PS--I am not planning on running for dog catcher any time soon. Would the whole bill get stuck down on unconstitutional or just the provisions that are unconstitutional? I realize you are only offering an opinion.

My own thought on count eight–don’t confuse what is legal with what the government will pay for. I hope there are panels to decide what Medicare will pay for [or not] and encourage people to buy insurance over top of Medicare to pick up any perceived deficiencies.

PS–I am not planning on running for dog catcher any time soon.

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