; and Whereas the Department of Justice not only refused to defend the amended individual responsibility provision, but it affirmatively argued that this provision is unconstitutional and that the provisions of the Patient Protection and Affordable Care Act guaranteeing issuance of insurance coverage regardless of health status or preexisting conditions (commonly known as the guaranteed issue provision ), sections 2702, 2704, and 2705(a) of the Public Health Service Act ( 42 U.S.C. 300gg–1 , 300gg–3, 300gg–4(a)), and prohibiting discriminatory premium rates (commonly known as the community rating provision ), sections 2701 and 2705(b) of the Public Health Service Act ( 42 U.S.C. 300gg(a)(1) , 300gg–4(b)) must now be struck down as not severable from the individual responsibility provision: Now, therefore, be it