To: Chet 99
"The most successful outcome would be an immediate injunction, but this would be extremely unlikely inasmuch as the most onerous provisions do not go into effect until later on." I agree. One of the tests that must be met before a court grants temporary relief is that plaintiff would be irreparably harmed if temporary injunction relief wasn't granted, even if they prevail at trial. That's not realistic here. There's nothing that could be undone today, that couldn't be undone tomorrow.
51 posted on
03/23/2010 11:30:06 AM PDT by
OldDeckHand
(USA - b. July 4, 1776 / d. March 21, 2010)
To: All
Found this on another thread:
Section 155
If any provision of this division, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this division and the application of the provision to any other person or circumstance shall not be affected.
Looks like it DOES have a severability clause
53 posted on
03/23/2010 11:36:00 AM PDT by
yellowhammer
(Please use the term "warmers" when discussing global warming advocates)
To: OldDeckHand
This law is wreaking financial havoc already, in the form of taxes and rate hikes in effect right now on many services and goods. Once they pay, citizens of Virginia and elsewhere will not be able to recoup these costs. If the harm has to be to the Commonwealth and not its citizens, then the individual Michigan plaintiffs should certainly be able to meet the irreparable harm standard in their lawsuit.
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