“Scalia mocked the so-called “Cornhusker Kickback” without seeming to know that provision was stripped out of the law two years ago.”
I heard him say this. It was specifically in reference to whether or not the law would have been passed without arm twisting and corruption, (he used other words). The answer is that it wouldn’t have passed without it.
Scalia’s comment concerned sevrability and what comuld remain standing, and not constitutionality!!!