Conservative Justices: Entire Healthcare Reform Law Should Go if Mandate Nixed

Conservative Supreme Court justices are prepared to strike down the entire Patient Protection and Affordable Care Act if the individual mandate is deemed unconstitutional, according to a Chicago Tribune report.

In the oral argument regarding severability of the healthcare reform law, Justice Antonin Scalia said Congress would have to reformulate the entire law in the absence of the individual mandate. Justice Anthony Kennedy, Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. also expressed doubt that other provisions could stand alone if the requirement to buy health insurance is eliminated.

On the liberal side, Justice Ruth Bader Ginsburg said the law could retain some of its provisions.

The Obama administration said nixing the entire law could have severe consequences for those who gained health coverage under the law. For example, approximately 2.5 million people under age 26 became insured through PPACA and would lose coverage if the whole law were to fall.

The federal government did not argue to retain all remaining provisions, however. Certain provisions on insurance coverage requirements, such as the requirement to cover people with pre-existing conditions, could go, the administration said.

More Articles on Healthcare Reform:

Supreme Court to Consider Reform Law's Severability, Medicaid Expansion Today
Justice Kennedy's Vote May Decide Individual Mandate's Constitutionality

How the Supreme Court's Decision Will Impact Healthcare Delivery: Q&A With Dr. Jeffrey Lobosky of UCSF

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