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

To: Fishtalk
I thought the law was specifically written so that the individual mandate is NOT severable from the main law.

There was supposed to be a severability clause in the bill, but that was mistakenly left out of the bill. Thus, ObamaCare says nothing regarding severability. In that situation, courts presume the legislature intended severability.

That presumption is overcome if either (1) it is proven that the legislature intended the unconstitutional provision to be nonseverable or (2) the unconstitutional provision is seen as essential (the law can not reasonable function without it).

169 posted on 05/13/2012 3:20:01 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
[ Post Reply | Private Reply | To 168 | View Replies ]


To: Repeal 16-17
There was supposed to be a severability clause in the bill, but that was mistakenly left out of the bill.

You've got to be kidding me. "Mistakenly" left out? All that hullabaloo about that health care bill and one of the most important parts of the bill they "mistakenly" left out?

I gotta bridge to sell anybody believes this. My guess is that they told all those concerned that the Supremes would overturn any mandate that the bill would allow the mandate to be severed and the health care system overhaul would still move forward.

Only somebody done went and "mistakenly" left it out, just doggone.

170 posted on 05/13/2012 4:35:31 PM PDT by Fishtalk (http://patfish.blogspot.com/)
[ Post Reply | Private Reply | To 169 | 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