Posted Monday, Jan. 31, 2011, at 2:59 PM
The decision is out now, and Judge Roger Vinson has basically struck down the entire health care bill. I'll post the decision when I get it.
The money graf, in which Vinson strikes down the entire law -- which, because of the mess in the Senate and House, lacked severability:
Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled "The Patient Protection and Affordable Care Act."
UPDATE: The decision is below, but here's more of Vinson's thinking.
It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place.