There was in a strange moment in today's severability argument at SCOTUS. Justice Antonin Scalia referred to a deal that Sen. Ben Nelson once made, to make a hypothetical point about what could take down the law.
"If we struck down nothing in this legislation but the -- what's it called, the Cornhusker kickback, okay, we find that to violate the constitutional proscription of venality, okay?" asked Scalia, talking to Paul Clement. "When we strike that down, it's clear that Congress would not have passed it without that. It was the means of getting the last necessary vote in the Senate. And you are telling us that the whole statute would fall because the Cornhusker kickback is bad. That can't be right."
Yes, Scalia thought the "Cornhusker Kickback" was still in the Affordable Care Act even though it's, you know, not. So comforting to know that two of the nine justices who are determining whether 30 million people will receive affordable healthcare really have no clue about healthcare or the law in question.