Myth #5: “Judge Vinson declared not just the individual mandate, but the entire ObamaCare law unconstitutional. That shows how radical he is.”This is the myth that will not die. Following Judge Vinson’s ruling in Florida, defenders of ObamaCare seized on the supposed “fact” that he declared the entire law unconstitutional as further evidence that Vinson was an unhinged jurist whose ruling placed him “outside the mainstream.”
Similar reports followed from virtually every media outlet in the country (see here, here, and here). But nowhere did Judge Vinson hold that the entire law was unconstitutional. Rather, he found that only the individual mandate was unconstitutional; yet, because Congress hadn’t bothered to include a severability clause, the entire law was void.
This is an important distinction. Other than the individual mandate, Judge Vinson impugned no portion of ObamaCare on constitutional grounds, nor did he overstep his judicial duty.
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