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Politics : Politics for Pros- moderated
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To: DMaA who wrote (440297)8/12/2011 3:30:49 PM
From: KLP  Read Replies (1) of 794094
 
Reading that....IMO, Obama could change that bit, and keep the rest...I want the WHOLE thing tossed on it's ear, and a BIG Do Over!!! This time with imput from the public...not just closeted behind closed doors with a fait accompli'


>>>>>The New York Times also addressed the health care overhaul's lack of a severability clause in November, saying that Virginia Attorney General Kenneth Cuccinelli was one of the plaintiffs who was emphasizing that the law would have to be struck down in its entirety if any part of it were found unconstitutional. Said the Times:

An earlier version of the legislation, which passed the House last November, included severability language. But that clause did not make it into the Senate version, which ultimately became law. A Democratic aide who helped write the bill characterized the omission as an oversight. [KLP--in-ter-es-ting......oversight....heheheh...serves them right to pass something without reading it first]

This doesn't necessarily mean that there is no hope for the law. According to the Times, the Supreme Court could hypothetically determine that Congress would have passed the law even without the unconstitutional component -- in this case, the insurance mandate -- and allow the rest of the legislation to stand.

Vinson was the second federal judge to declare the law unconstitutional. Just last month, Judge Henry E. Hudson ruled that parts of the legislation were unconstitutional.<<<<<

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