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To: Ken H

That is what the pundits call a “sever-ability” clause. If you cannot parse it then the entire thing is dropped.


79 posted on 09/27/2011 10:00:21 PM PDT by eyedigress ((Old storm chaser from the west)?)
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To: eyedigress

The Supreme Court has ignored a lack of a severability clause before. Not a lawyer, so can’t quote cases. So don’t count on the whole thing being struck down.

I give about 90% odds on the individual mandate being struck. And 95%+ on the rest of the bill standing, based on the current makeup of the Court. 5-4 to strike the mandate, and 6-3 or 7-2 in favor of the rest of the law. Thomas will strike down the whole law, and I expect Alito to do the same. Not sure about Scalia, and think Roberts and Kennedy will defer to Congress.

If Congress defunds implementation of the law, I expect that also to stand, until the Demonrats take Congress again. Unless we get a solid conservative President, I expect a Republican President to fold. Cain, Paul, and Bachmann would veto funding. Have no clue what Perry and Romney would do if facing a Demonrat Senate. My guess is fold, but maybe they would choose avoiding being primaried in 2016. Maybe.


83 posted on 09/27/2011 10:33:35 PM PDT by bIlluminati (Don't just hope for change, work for change in 2011-2012.)
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