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To: darkangel82

Wishful thinking. The Supreme Court decided long ago that no severability clause is needed. Just watch, the Court will probably decide that something in the bill is unconstitutional, but I guarantee you that they won’t strike down the whole thing.


26 posted on 10/08/2010 3:17:30 PM PDT by 3niner (When Obama succeeds, America fails.)
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To: 3niner; darkangel82
The Supreme Court decided long ago that no severability clause is needed.

Got a refernce to back that up?

Apprently you went to bed too early a few weeks ago when Cuccinelli was on Greta discussing this very thing about the lack of severability language, and the fact that if any single aspect of the law is found unconstitutional by the USSC the whole thing goes down.

FReegards!


29 posted on 10/08/2010 3:32:16 PM PDT by Agamemnon (Darwinism is the glue that holds liberalism together)
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To: 3niner

I’m not an attorney, but my understanding is that even if there were a severability clause (which I don’t think there is), the Supreme Court still has the discretion to strike the whole thing down. If the sections that are ruled unconstitutional are so important to the legislation as to make it unworkable without them, then I think they will strike whole thing. Since the individual mandate is a major funding vehicle of the legislation, ObamaCare would be unworkable without it.


34 posted on 10/08/2010 3:58:33 PM PDT by Jess79
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To: 3niner
Wishful thinking. The Supreme Court decided long ago that no severability clause is needed. Just watch, the Court will probably decide that something in the bill is unconstitutional, but I guarantee you that they won’t strike down the whole thing.

Correct.

46 posted on 10/10/2010 10:32:31 AM PDT by freedomwarrior998
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