Democrats Muddy the Water on Severability and Obamacare

Democrats Muddy the Water on Severability and Obamacare

( – Democrats appear to lack anything even vaguely resembling a cohesive agenda with its progressive faction battling it out for supremacy over aging mainstream Liberals. With the election less than three weeks away, Democrats have a serious problem on their hands. So what’s their solution? It appears to be the initiation of a cat and mouse game aimed at duping, or frightening, voters into voting Democrat.

So here’s the situation. Unable to prevent Judge Amy Coney Barrett’s confirmation to the Supreme Court, Democrats are trying to turn the hearings into a spectacle in hopes of scaring up some votes.

Long story short, the Democratic strategy for winning the White House and taking over the Senate appears to be based on convincing voters they’ll lose their healthcare coverage. Dems are trying to convince everyone Obamacare will lose out in a Supreme Court case titled Texas v. California scheduled for oral arguments on November 10, a week after the election.

Their stated reason? Judge Barrett’s expected confirmation. However, there’s a flaw to their argument — a legal concept called severability.

Severability and Obamacare

Severability refers to a common clause in contracts and other legal documents, statutes, and the like, that keeps the substance of a contract intact if a court rules a portion of it unconstitutional or unenforceable.

With Judge Barrett’s anticipated addition to the court, it’s a fairly safe assumption that a part of Obamacare (otherwise known as the Affordable Care Act) will be struck down. However, under the principle of severability, the remaining portions of the act will most likely remain intact and enforceable.

However, Democrats don’t want you to know that; they want to keep voters on pins and needles until the election’s conclusion. Their strategy appears to be two-fold. First, they hope to convince voters that only they can save insurance coverage for those with preexisting conditions by taking control of the White House and Senate.

Second, they hope to persuade voters once in office, Biden will pack the Supreme Court with a barrage of new Liberal justices, altering the court’s balance for generations and reinstating — yep, you got the picture, Obamacare.

Their obvious problem is the president’s repeated promise to protect coverage for preexisting conditions and do so at a reduced cost over Obamacare. He restated that position during his October 15 town hall meeting aired for the entire world to see on NBC.

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