Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: TexasFreeper2009

Actually, the Democrats removed severability from the bill (something that they NORMALLY add to all bills is that if any part is found unconstitutional the remainder is still in force) was because they didn’t want any changes made and that part had been left out... anyway... due to their acting so speedily and an oversight if ANY of the bill is found unconstitutional (not JUST the part under discussion) it ALL goes away.


30 posted on 01/31/2011 2:00:22 PM PST by KenD
[ Post Reply | Private Reply | To 28 | View Replies ]


To: KenD
Two things. Mandate is not in effect yet, so nothing to stay. Issue is whether he would stay the enforcement of the other provisions of the Act that are already being put into effect; not clear on this issue.

I read that the plaintiffs (States) will petition the Court (or Appellate Court) to stay enforcement of all of the Act due to the ruling that the whole thing is void.

Was ruled void not just because it lacked severability clause (apparently a mistake at the last minute - got dropped - whoops), but because the mandate was the primary catalyst to the entire financing and enforcement of the thing - the judge ruled that without the mandate, the rest fails by its own terms.

Nice strong case for our side. Would hope it will help expedite Sup. Ct. review now that there are 2 cases for and 2 against at the federal level (but on slightly different arguments).

Mainstream media will be focused on Egypt tonight- nothing to see here. Just another wacky Reagan appointed activist judge!

(They will, however, mention that when our gas is $5 per gallon, it is not because the Obama Administration has all but shut down oil production in the US - they will blame the Egypt for that too!)

33 posted on 01/31/2011 2:13:49 PM PST by dan on the right
[ Post Reply | Private Reply | To 30 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson