If Justice Kennedy Wants to Play Solomon
April 04, 2012

If the Supreme Court strikes down the individual mandate, must it throw out the entire health care law? Or is there a way to perform a salvage operation, rather than a wrecking operation, as Justice Ruth Bader Gisburg suggested at oral arguments? On Tuesday, I suggested that the Court could preserve the rest of the statute, including regulations prohibiting insurers from discriminating against the sick. Far fewer people would get insurance coverage and the government would have to spend more, per person, on subsidies. The whole system would be less stable.