[quote name='UncleBob']While I understand, on the whole, why this would be a bad idea, I wish there were some exceptions where cases could go straight to the Supreme Court and save us all the trouble.[/QUOTE]
That would make things really, really messy. We think of the Supreme Court like we do any other court but it's not. The first court to hear an issue decides on the facts. Every other court after that (appellate level) decides on whether the law was applied correctly. As it goes up, it gets distilled and the noise is separated from the real constitutional issue. So for the health bill, you've got competing lawsuits. The other judge said that you could sever the "individual mandate"* part (OMG THERES NO MANDATE THO) and the rest of the bill could stand. This Florida judge says that severability** does not apply and the entire bill must be struck down. They will be distilled on the way up and federal appeals judges will further add to the knowledge base before it hits the Supremes. The question of severability will likely be answered before it get to the SC so they don't have to worry about that (or maybe not, who knows).
*Really, you're stuck on mandate? Can we torture the English language any more plz?
**In contract law, most times you can remove a provision of a contract found to be illegal/unconstitutional but keep the remainder of the contract unless the contract/law specifically states the entire thing is null unless it remains whole OR unless it is decided by the courts that the contract/law cannot stand without said struck provision. Florida judge says it can't stand without it. Other judge says it can.
Also, Mr. Florida Judge Vinson decided to make his opinion extremely political which not only makes him look like a giant douche, but makes the likelihood of overturn higher. In his opinion on whether or not the provision is severable, he talks about the tea party, General Motors, and Obama's campaign rhetoric. That's bad business no matter what political angle you take.
Also, federal judges almost always defer to severability because it's obvious what the intent of the contract/law is. It's plain what the legislators wanted here. It's plain the precedent is to sever the unconstitutional part and allow the rest. Mr. Florida Judge Vinson decided he didn't like that.
"One of the reasons there was not was that there was a keen understanding in the process that courts generally have a deferential view of severability and try to make the rulings have the least impact," she said. "And that took the pressure off the severability clause."
That was the thinking at the time from plenty of experts. Two months ago, Washington and Lee University law professor Timothy Jost told Brian Beutler—one of the first reporters to notice the severability slip-up—that it was unlikely that a lower court would void the entire health care bill if it voided the mandate, because "the normal rule is that partial invalidation is the required course." Today, his optimism left tattered on Judge Vinson's carpet, Jost intimated that the Senate had made a mess of things.
Stupid ass liberals expecting judges to judge. And then there's the whole judicial activism thing that I don't hear a

ing mouse fart out of the conservatives on.
But perhaps the clearest indicator of bias in the decisions against the Affordable Care Act is the gist of the decisions themselves. For generations, conservatives have championed “judicial restraint.” If judicial restraint means anything, it means deferring to the Congress on matters of policy preference--like, for example, whether it’s better to run a national health insurance system with a system of regulated private insurance (which is what people will get with the Affordable Care Act) rather than via a single-payer, government-run plan (which is what the elderly already get with Medicare). But if these these decisions by Judges Vinson and Hudson carry the day--and, please remember, two federal judges have already ruled the other way--they would effectively take that discretion away from the Congress.
The Democrats made a mistake in not including a severability clause in the law. Sure, they

ed up. But it's

ing ridiculous that that's what's getting traction here.
The real issue:
The bottom line of much of it is that the fate of the legislation is now, as it was last week, in the hands of Anthony Kennedy.
That's likely to be true. But the fact that the Supreme Court will still have the ultimate word on this does not mean nothing changed yesterday. Vinson's ruling, which was much more extreme and sweeping than previous rulings, opened up the right side of the debate. So now there are two possible questions the Supreme Court must decide on. The first is the basic legitimacy of the legislation. Many Court-watchers expect that the question will be decided on a 5-4 split, with Kennedy proving the deciding vote. If five justices -- or more -- say the law is constitutional, their work is done. But if five or more say the individual mandate is not constitutional, then a second question emerges: Is the mandate severable, as Judge Hudson thought it was? If the Court says it is, then the vast bulk of the legislation remains intact, and the only real question is whether congressional Republicans are open to crafting some sort of replacement to the provision if it proves needed in 2015 or 2016 or 2017. If the Court says it's not, and voids the entirety of President Obama's most important legislative achievement, that's a decision with much more far-reaching consequences.
Most Court-watchers I've spoken to think it very unlikely that Vinson's ruling will stand. The bigger danger, they say, is that Vinson's ruling will make Hudson's ruling seem more modest and appealing. But there's a good chance that whatever the decision is, it will come in 2012, while Barack Obama is campaigning for president and his supporters are at their most activated. In that environment, an adverse ruling could radicalize liberals toward the Court in much the way that Roe radicalized conservatives. This case puts the Supreme Court more firmly at the center of a major and polarizing political issue than they've been in recent memory. The long-term consequences of an aggressive ruling in that context will also be weighing on Kennedy and his colleagues as they grope their way to a decision.
All hail King Anthony Kennedy.
Oh, and naturally the conservatives on the court will have to do

ing backflips and overturn their own goddamn precedent to vote with Judge Vinson. Anyone want to take a bet on whether or not they will?
"Among those who have joined in rejecting the century-old, long-defunct decisions on which Judge Roger Vinson's decision rests, are Justices Scalia, Kennedy, and Chief Justice Roberts. They will have to twist their prior decisions and statements into pretzels in order to rule the individual mandate or other ACA provisions unconstitutional."