The most surprising part of Judge Roger Vinson's ruling was his argument that the individual mandate was not severable from the health care law as a whole and must therefor bring down the entire Affordable Care Act. "In sum, notwithstanding the fact that many of the provisions in the Act can stand independently without the individual mandate (as a technical and practical matter), it is reasonably 'evident,' as I have discussed above, that the individual mandate was an essential and indispensable part of the health reform efforts, and that Congress did not believe other parts of the Act could (or it would want them to) survive independently," Vinson writes.
But a closer read of his analysis reveals something peculiar. In fact, as Vinson himself admits in Footnote 27 (on pg. 65), he arrived at this conclusion by "borrow[ing] heavily from one of the amicus briefs filed in the case for it quite cogently and effectively sets forth the applicable standard and governing analysis of severability (doc. 123)." That brief was filed by the Family Research Council, which has been branded as a hate group by the Southern Poverty Law Center (SPLC).
rest at http://www.truth-out.org/tea-party-judge-roger-vinson-borrows-heavily-from-family-research-council-to-invalidate-health-law67
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