By Sam Baker - 01/06/12 04:51 PM EST
Only one lower court threw out the entire healthcare law, and that part of the decision was reversed on appeal. But the law does not include an explicit severability clause, and even the Obama administration has said some other provisions would have to fall along with the mandate. The Supreme Court had to appoint a third party to make the argument that the mandate is completely severable.
The lawsuit before the Supreme Court was filed by 26 state attorneys general and the National Federation of Independent Business. They will file their initial brief on severability today, and the Justice Department will file its first brief on the merits of whether the mandate is constitutional.