Ruddy credits Florida AG: Severability could tank ObamaCare

Florida Attorney General Bill McCollum is leading the charge for a 20-state lawsuit against the constitutionality of the Patient Protection and Affordable Care Act. [Photo by Kay B. Day]Even President Barack Obama has discreetly acknowledged serious problems with the Patient Protection and Affordable Care Act, alternatively called ObamaCare.

Addressing media on the day after Republicans swept the country in midterm elections, Obama mentioned the burdensome aspect of the 1099 requirement for small businesses. That was also perhaps the first time Obama acknowledged the healthcare bill is actually a revenue bill because he said the provision helped make sure revenue was raised.

When a president mentions revenue, by the way, all taxpayer ears should perk up.

In an editorial in the November issue of Newsmax magazine, however, editor Christopher Ruddy points to a solution no one has mentioned.

Ruddy credited Florida Attorney General Bill McCollum for the idea.

The editor explained that there is a “hidden vulnerability” in the healthcare bill—“severability.”

It appears that in their zeal to ram the 2,400 page bill through the back door, Democrats, lobbyists, corporate interests and aides forgot to include a severability clause*.

Ruddy wrote, “McCollum tells me that if he’s able to convince the courts that even one part of ObamaCare is unconstitutional, the lack of a severability clause means the entire Affordable Care Act will be voided.”

At the moment, McCollum is leading the charge in the courts; 20 states are part of a lawsuit claiming the bill is unconstitutional. Virginia has also filed a lawsuit.

Ironically the US Justice Dept. claims the bill is constitutional because of the Commerce Clause which permits Congress to regulate business activities that cross state lines.

However, consumers cannot purchase insurance across state lines and in a sane world, that would be a significant point.

McCollum has argued the federal government actually aims to regulate non-commerce. Of course he is correct.

Ruddy’s column and McCollum’s approach are food for thought when it comes to a massive bill that will not deliver to most of us what Obama promised—more affordable healthcare. The administration has already issued waivers to a number of corporations. That’s how bad the bill is.

Should ObamaCare be shelved, Republicans should craft a new plan from the numerous plans they submitted to Democrats who refused to consider them. Democrats lied to the public by saying Republicans did not offer ideas of their own. (Commentary by Kay B. Day/Nov. 4, 2010)

*Source
'Turning Back Obamacare' by Christopher Ruddy; Newsmax magazine, Nov. 2010; pg. 98.