To: americanophile
The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by requiring Americans to buy coverage, but also ruled that the rest of the wide-ranging law could remain in effect. Really? I thought that the way Congress enacted Obamacare had a legal flaw in it that made it "all or nothing." This was a consequence of them ramming it through so quickly because they didn't want the public to know what was in it.
Anyone else know what I am talking about or heard this?
50 posted on
08/12/2011 11:32:29 AM PDT by
SkyPilot
To: SkyPilot
You're talking about severability. If you scroll through the thread, there's a long discussion about it.
51 posted on
08/12/2011 11:34:39 AM PDT by
americanophile
("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
To: SkyPilot
That is exactly what the USSC is going to say. They are going to uphold the lower courts finding that the individual mandate is unconstitutional. Then they will say that without a severability clause, they must throw the whole law out.
GREAT NEWS!.................wow, this may ruin the day for some of the jackazzzzes who pushed that monstrous, unworkable joke of a bill AGAINST the will of the majority of Americans (who pointed to it's UnConstitutionality, as well). I STILL CAN'T BELIEVE THE SO-CALLED "SPEAKER" SAID "WE'LL FIND OUT WHAT'S IN THE BILL WHEN IT PASSES".!!!!!! . Jackazzzes.
To: SkyPilot
Apparently there is well established precedent for the presumption of severability. So even if there's no severability clause, the legislation is still severable. Which is kind of a bummer if true.
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