To: Crawdad
The presumption of severability is rooted in notions of judicial restraint and respect for the separation of powers in our constitutional system.
So this court read a severability clause into a bill where there was none. Here's hoping the Supreme Court disagrees on that "finding" and scuttles the whole shebang...assuming Justice Kennedy agrees with the thumbs down on the mandate. Pray for him and the four conservative justices...so much depends on them.
69 posted on
08/12/2011 11:50:52 AM PDT by
LostInBayport
(When there are more people riding in the cart than there are pulling it, the cart stops moving...)
To: LostInBayport; xzins; wmfights
From the opinion:
“The individual mandate, however, can be severed from the remainder of the Act’s myriad reforms. The presumption of severability is rooted in notions of judicial restraint and respect for the separation of powers in our constitutional system. The Act’s other provisions remain legally operative after the mandate’s excision, and the high burden needed under Supreme Court precedent to rebut the presumption of severability has not been met.”
73 posted on
08/12/2011 11:59:34 AM PDT by
P-Marlowe
(LPFOKETT GAHCOEEP-w/o*)
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