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 wouldnt 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 isnt wrapped up in the mandate. This has been the Courts 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.)
To: P-Marlowe; Cheerio; MrB; FourPeas; Michael Barnes
Ping to info about severability clause.
152 posted on
12/13/2010 9:58:31 AM PST by
BuckeyeTexan
(There are those that break and bend. I'm the other kind.)
To: BuckeyeTexan
But the lack of a severability clause wouldnt 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 isnt wrapped up in the mandate. This has been the Courts 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. Yes, but given that Obamacare is financially unworkable without the penalty, it wouldn't make sense to allow the rest of the law to stand without that critical part.
231 posted on
12/13/2010 10:50:35 AM PST by
vrwc1
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