Court Spars Over Saving Parts Of Health Law

March 28, 2012 by staff 

Court Spars Over Saving Parts Of Health Law, The Supreme Court justices appeared sharply divided Wednesday over whether they would have to kill President Barack Obama’s landmark health care overhaul outright if they decree that the measure requiring individuals to have insurance or pay a penalty is unconstitutional.

“If the individual mandate is unconstitutional, then the rest of the act cannot stand,” the lawyer opposing the law on behalf of 26 states, Paul Clement, said as the nine justices began their third and final day of oral arguments on the Patient Protection and Affordable Care Act.

Justice Sonia Sotomayor, an Obama appointee, challenged Clement right out of the gate, asking why the court should wipe out the entire law rather than let lawmakers make the necessary adjustments.

“Why shouldn’t we let Congress do that?” Sotomayor said, stressing that lawmakers “should be fixing this.”

“No matter what you do in this case,” Clement said, “there is going to be something for Congress to do.”

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