Why the Court is likely to strike down all of ObamaCare

I think there are two main reasons that the court might choose not to infer severability and either throw out the entire law, or throw out Title I (and possibly Title II), effectively gutting the bill. First, the government let the proverbial camel’s nose under the tent: It conceded that if the court threw out the mandate, then a few other provisions, such as guaranteed issue and community rating, would have to go as well.

The problem is, once you’ve conceded that the court has to go down this road in some cases, the justices have a much harder time drawing a principled line in the sand as to where they should stop.

Second, and relatedly, having read the transcripts, I don’t see much evidence suggesting that the five justices believed they could decide which pieces to throw out and which to keep. Consider the following colloquy…