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1 posted on 12/13/2010 9:21:10 AM PST by careyb
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To: careyb
In researching the potential effects of the lack of a severability clause in ObamaCare, it seems that it doesn't necessarily mean the whole bill gets thrown out.

Severability and ObamaCare

But the lack of a severability clause wouldn’t necessarily result in the overrule the rest of the legislation, which mostly have to do with spending and rationing — the expansion of Medicaid, Medicare cuts, and sweeping regulatory authority — and isn’t wrapped up in the mandate. This has been the Court’s approach to other issues, such as the recent Sarbanes-Oxley ruling, another law which lacked a severability clause, where they invalidated a portion of the law and allowed the rest to stand.

141 posted on 12/13/2010 9:53:28 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: careyb

Thank You, Lord.

The angel still rides in this whirlwind, and for that we are grateful.


142 posted on 12/13/2010 9:53:44 AM PST by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: careyb

Striking this horrible bill down will provide a major economic stimulus!!!!

They must get rid of all of the mandates (especially the till age 26 and the manditory coverage of pre-existing).


147 posted on 12/13/2010 9:56:54 AM PST by ak267
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To: careyb

Cuccinelli for president!!!
He’s young, good looking, dynamic, conservative, intelligent and a winner!!!


148 posted on 12/13/2010 9:57:05 AM PST by tirednvirginia
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To: careyb

obama don’t need no steenkin’ Constitution
(flawed document produced by old white dead men who owned slaves)

he will find another way


164 posted on 12/13/2010 10:06:23 AM PST by silverleaf (All that is necessary for evil to succeed, is that good men do nothing)
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To: careyb

Anytime Obama gets a b*** slap it’s a happy day in America.


168 posted on 12/13/2010 10:07:43 AM PST by erod (Unlike the President I am a true Chicagoan.)
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To: careyb
"Neither the Supreme Court, nor any federal circuit court of appeals has extended the Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market. In doing so, enactment of the Minimum Essential Coverage Provision exceeds the Commerce Clause powers vested in Congress under Article I." - From the ruling.

Bingo!

183 posted on 12/13/2010 10:15:15 AM PST by Uncle Miltie (0bama thought he'd find "common ground" on 0bamaCare because of ROMNEYCARE!)
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To: careyb
This is HUGH!!! (and Series)

God bless Ken Cuccinelli, and God bless the Commonwealth!

184 posted on 12/13/2010 10:15:27 AM PST by Hoodat (Yet in all these things we are more than conquerors through Him who loved us. - (Rom 8:37))
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To: careyb

Another blow to Obotulism.


192 posted on 12/13/2010 10:18:27 AM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: careyb

YES! Thank God!! Finally, some sanity from the judicial branch.


198 posted on 12/13/2010 10:23:04 AM PST by vrwc1
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To: careyb
Great News! Lets hope that SCOTUS, ultimately, rules in this manor as well.

Barry care is unconstitutional!

204 posted on 12/13/2010 10:26:10 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: careyb

This is a reminder that Elections Matter because of JUDGE APPOINTMENTS. This constitution-following judge was appointed by Reagan early in Reagan’s presidency.


210 posted on 12/13/2010 10:31:41 AM PST by pogo101
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To: careyb

Oh, thank Goodness! The Rinos are working now to figure out how to not repeal the rest of the unconstitutional “progress.”


212 posted on 12/13/2010 10:32:16 AM PST by SaraJohnson
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To: careyb

THANK YOU GOD!


220 posted on 12/13/2010 10:39:52 AM PST by Personal Responsibility (The more the plans fail the more the planners plan - Ronald Reagan)
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To: careyb

Hey, this is a “Big F’ing Deal”!


227 posted on 12/13/2010 10:47:17 AM PST by TonyInOhio ( Live free or die: Death is not the worst of evils.)
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To: careyb

How long before this goes to SCOTUS?


229 posted on 12/13/2010 10:47:56 AM PST by Dubya-M-DeesWent2SyriaStupid!
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To: careyb

I think this just sunk Obama’s boat.
If I remember correctly, they forgot to add the part where if one part is shot down, the rest stays.

I think it is dead!


249 posted on 12/13/2010 11:14:34 AM PST by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: careyb

This makes this a Merry Christmas like no other. Just think last Christmas we were pacing the floor as the Senate forced this through at the last minute. This Christmas it’s unconstitutional, the GOP has the house and six more seats in the Senate, plus control over most of the redistricting for the 2012 elections. Yippee!


259 posted on 12/13/2010 11:27:06 AM PST by WashingtonSource
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To: careyb
Forget Carter and Clinton holding the presser.

This is so bad for the administration, there's only ONE person clever enough to spin the ruling 180 degress.....the one, the only, the REAL......BAGHDAD BOB, who took the microphone to announce to the world that Iraq was winning the war at the same time U. S. tanks were thundering a few miles behind him.

Leni

274 posted on 12/13/2010 11:41:24 AM PST by MinuteGal
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To: careyb

Zer0 ignored unemployment. Zer0 ignored the economy. Zer0 ignored the wishes of the American people when they asked that the federal government protect our borders and sued Arizona. In his first 2 years as POTUS Zero focused solely on passing this horrendously large piece of crap legislation which has now been struck down by the courts. Zer0 is a failure.


275 posted on 12/13/2010 11:43:44 AM PST by South40 (If there must be trouble, let it be in my day, that my child may have peace. ~Thomas Paine)
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