Insight on Health Reform Law Arguments for Bloomberg BNA
In the article Cotton, among other remarks, said the parties' attorneys did “a good job of demonstrating just how complex” the severability issue is—that is, whether, if the individual mandate falls, the remainder of PPACA can be saved.
Hallward-Driemeier, among other comments, said “the court has been careful to limit the AIA [Anti Injunction Act]'s reach, and the justices could take a middle ground and hold that the AIA simply does not apply here.” Cotton added that if the Court decides AIA does not apply, “that would be good for employers, who are ‘operating in a period of uncertainty’ and ‘absolutely’ want to have PPACA's validity settled now.”
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