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NFIB executive director Karen Harned explains why the health-care law should be thrown away if the individual mandate is found unconstitutional.
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-- -- By analysts that's very -- still get a reaction from the hearing this morning on the issue of -- ability whether or not if the if this critical.
Individual mandate is struck down as unconstitutional.
That other parts of the legislation other reforms can go forward the critics say yeah I know that the whole bill goes down if one piece of it's unconstitutional.
The government that Obama administration says yes we talk to one supporter.
Of the Health Care Reform law Elizabeth why -- who was in the room in the chambers this morning here's what she said.
Justice Breyer said.
Let's have the court stay out of politics that's for congress and I think that if they do that if the court -- out of politics.
-- they'll hold the constitutionality.
Of the individual mandate.
And sue even if up for some reason the court decides to strike down the mandate which I think they do I think it'll be very close.
And will be ideologically divided.
But if they do then I think that they should allow congress to make the decision of what stays in what goes.
Another person in the room hearing the same arguments was Karen hearted she's the executive director of the NFIB small business legal center the NFIB.
One of the plaintiffs in this case opposes this legislation.
And -- you Hurd what Elizabeth said about this that it sounds as though the justices are struggling with this idea.
Of congressional intent with regard to.
What happens if one piece of the legislation one piece of the law the individual mandate get struck down.
What happens next.
Right in what I saw them struggling with -- particular west how to we split that baby is there really a way to take out -- Justice Italy -- called the -- the heart of the lobby individual mandate and have a meaningful lot that congress would have passed.
And still can't he we think in a -- be the cleanest way to -- -- this is just to throw the whole lot out.
As our advocate sad.
Look give congress and clean slate let them start over let them fix the health care problem instead of trying to not fix this.
Unconstitutional.
Law.
But as you know one of the key elements here is the intent of congress and the house the original legislation from the house had a sever ability clause in it that you could chop it up into pieces and one part might not go forward but the other parts could.
The final product did not it's kinda confusing the appellate court said well there's implied.
Separation implied -- ability.
Right but the individual mandate was supposed to increase coverage we're gonna take that out we're not gonna have increase coverage -- we're gonna have higher costs it was -- increase coverage.
Lower cost you take the individual mandate out.
The trip purposes of this -- are no longer valid and that is again by we think a lot should fall if the individual mandate.
That's so what what did you make of the arguments today what what did you hear how would you handicap by the agree here well -- to do this as we get in trouble but.
How would you handicap a decision.
On -- ability based on the questions that we heard today for example Justice Roberts.
What it seemed to kind of leave the door open to chopping develop.
Right well I think at the end of the day we have a fighting chance I do you think they are gonna have a trouble we have trouble lying drying if they find the mandate unconstitutional.
As a result I'm encouraged I am very hopeful after these three days that we are going to have the individual mandate struck down and possibly the whole lot go with that.
All right Karen -- -- of the NFIB thank you for joining us -- Melissa and Laurie back to you are.
