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Politics : Politics for Pros- moderated
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To: Bill who wrote (408655)2/3/2011 10:55:30 AM
From: Alan Smithee3 Recommendations  Read Replies (2) of 793624
 
If the ruling is ultimately overturned (which I personally doubt will happen), the repeal measure for the 1099 provision could be taken up at that time. But taking it up now weakens the argument that Obamacare can't be severed.

I agree with you that the Senate should not have voted to remove the 1099 provisions. However, I think you're confusing the issue of severability with amending legislation. Congress is free to amend legislation any time it wants. That's not the same as severabiliy, which deals with what happens if a portion of a statute is held unconstitutional by the courts. If the statute contains a severability clause, the offending provision is declared unconstitutional and effectively removed. The balance of the statute stands and remains in force. If no severability clause, then the entire statute falls if any part of it is declared unconstitutional.

Severability is not the same as amending a statute.

The error the Senate Republicans made was to seek to amend the statute. They should have issued a press release stating: "Although we were prepared to move forward to amend the statute to remove the 1099 requirement, Judge Vinson's decision eliminates the need to do this. The entire statute has been declared unconstitutional and we do not believe any citizen of the United States is obligated to comply with the 1099 provision, or any other provision of the law."
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