But the lack of a severability clause wouldn’t necessarily result in the overrule the rest of the legislation, which mostly have to do with spending and rationing — the expansion of Medicaid, Medicare cuts, and sweeping regulatory authority — and isn’t wrapped up in the mandate. This has been the Court’s approach to other issues, such as the
recent Sarbanes-Oxley ruling, another law which lacked a severability clause, where they invalidated a portion of the law and allowed the rest to stand.
Some things that the Court would likely leave unaffected would include the expansion of Medicaid, reporting obligations for businesses and hospitals, expansion of the Children’s Health Insurance Program, funds for “family planning,” expansion of state aging and disability resource centers, expanded funding for prevention programs and workplace education, reforms to inpatient rehabilitation and hospices, the addition of value-based payments for physicians and hospitals, and many provisions relating to Medicare services in rural areas… And that’s just for starters.