Monthly Archives: February 2011

Judicial Restraint and Severability in the Healthcare Reform Challenge

Written by David Oedel and Josh Belinfante | Feb 9, 2011 | Press

The day after U.S. District Judge Vinson ruled the individual mandate of the new healthcare reform law to be unconstitutional, the New York Times in its lead editorial switched gears. Though many commentators had previously characterized the constitutional challenge as bordering on frivolous, the Times on Feb. 1, 2011 conceded that the basic challenge to the individual mandate is based on “principled arguments” that “will likely be decided by the Supreme Court.”