Free Republic

BEGIN TRANSCRIPT RUSH: I talked to the judge last night about severability. Severability is something that I misunderstood. Maybe I'm the only one who did. I don't want to say. I said in the last hour that everybody misunderstood it because of the way it's reported. That may not be the case. I'm sure my legal beagle friends understand it and would not be surprised to hear what the judge told me. People confuse the rule on severability. In this case you have Obamacare and the mandate, and what I always thought severability was, if the Congress puts a clause...

After yesterday’s heartening arguments, today’s arguments carry even more importance, because it seems likely the Court will actually reach the severability question. If there are political consequences for the Court’s decision on the mandate argued yesterday, there could be even more consequences to today’s arguments. If the law is struck down in its entirety, expect the president to dust off his 2010 State of the Union talking points, which charge the Court with what he calls “judicial activism,” but in reality seem to criticize any court decision that finds a law of his unconstitutional. The justices on both sides seemed...

In the wake of Monday's ruling by a Florida judge to toss out ObamaCare as a result of the individual mandate, MSNBC's Lawrence O'Donnell asked liberal constitutional lawyer Jonathan Turley Tuesday if the Democrats made a mistake not writing a severability clause into the law. Turley surprisingly answered, "It was a colossal mistake"