An Appeal to Repeal

According to Florida Attorney General-elect Pam Bondi (R), a majority of states (at least 26, possibly 28) are now joining the suit challenging the constitutionality of Obamacare. (video H/T: Jim Hoft, Gateway Pundit)

Ace of Spades points out that if ObamaCare’s mandate is found unconstitutional, that may cause the entire bill to be struck down.

The interesting thing about the bill is that it apparently doesn’t contain a severability clause, which usually states “notwithstanding any provision of this act being found unconstitutional, the rest of the act shall continue to be in force” … which means it operates by the old-fashioned default rule that if any part of a law is found to be unconstitutional, the entire law is unconstitutional. … Ilya Somin notes this is not some Hail Mary longshot, but a genuine question that just could go our way. (emphasis added)

One other thing to watch is whether or not Obama’s former solicitor general, Supreme Court Justice Elena Kagan, recuses herself from any future ObamaCare decisions.

Tags: ObamaCare