The Patient Protection and Affordable Care Act (PPACA) may not stand in whole or in part, depending on the severability determination of the Supreme Court of the United States.

Justice Anthony Kennedy said today that the government has a “very heavy burden of justification” for the  requirement that people buy health insurance or pay penalties.   If Kennedy is the swing vote for striking the individual mandate, then the question will be whether PPACA will be rescinded in whole or in part.  Justice Kennedy has a history of being a swing voter on other matters, sometimes telegraphing his thoughts in the wording of his questions as he did today.

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