Page 4 - Severability Clause News Today

America which is the highest and bringing the cost down. that was the whole purpose of obama care to start with and obviously it didnt bend the curve down. it bent it up and it was one of the biggest takeovers. one fifth of our gross domestic product the healthcare industry in america put it over and taken over by the federal government. what the obama care what i think will be declared unconstitutional is the notion that the government can provide a -- prescribe a product, say you have to have ...

That you just noted is unconstitutional but in the statute is missing something called the severability clause which means you cant just carve off the part and let the rest of the statute stand. >> the whole thing falls. >> greta: even if that is declared uncounty tubessal that is where the whole statute falls. be glad to join withemen glad the president with one thought in mind, preserving the quality of h healthcare in america and bringing costs down. if we dont americans will not be able to a...

America which is the highest and bringing the cost down. that was the whole purpose of obama care to start with and obviously it didnt bend the curve down. it bent it up and it was one of the biggest takeovers. one fifth of our gross domestic product the healthcare industry in america put it over and taken over by the federal government. what the obama care what i think will be declared unconstitutional is the notion that the government can provide a -- prescribe a product, say you have to have ...

That you just noted is unconstitutional but in the statute is missing something called the severability clause which means you cant just carve off the part and let the rest of the statute stand. >> the whole thing falls. >> greta: even if that is declared uncounty tubessal that is where the whole statute falls. be glad to join withemen glad the president with one thought in mind, preserving the quality of h healthcare in america and bringing costs down. if we dont americans will not be able to a...

Neighborhoods. the new system has potential for even more damage. a group of americans on trial in egypt, flying out of the north african nation today, after the u.s. posted nearly $5 million in bail for them and nine other who is had already left. the americans, including the transportation secretarys son are accused of running unlicensed pro-democracy groups. the case of strained relations between the two countries and put u.s. aid in jeopardy. back to greta. >> greta: its happening this month...

Home was not dangerous. palm beach police say it turned out to be an electronic plaque, set by a fan. as a business opportunity. rush limbaugh made headlines after describing a college student as a prostitute, after she testified in a congressional hearing about contraception. im ainsley earhardt. now back to "on the record" with greta. for your headlines, check out our web site. have a good one. >> greta: its happening this month. the supreme court takes up president obamas national health care...

>> yes, absolutely. that is the crux, the main part of our argument. the two other arguments, of course, were the medicaid said, theres been -- theres very little case law on the they did it with much hesitation and without much serious thought, because weve always said thats got to be the issue argued before the supreme court, and we also did not prevail on the severability clause, however that without that mandate the entire obama care falls. that the federal government cannot force us to purc...

Is that correct? >> yes, absolutely. that is the crux, the main part of our argument. the two other arguments, of course, were the medicaid said, theres been -- theres very little case law on the they did it with much hesitation and without much serious thought, because weve always said thats got to be the issue argued before the supreme court, and we also did not prevail on the severability clause, however conceded that without that mandate the entire obama care falls. that the federal governme...

To delay the enforcement of the -- >> they want to go forward with health care reform and they wouldnt mind if the decision took ten years, before -- >> gregg: but lis, congress is the one that removed the separability clause: to kicongress intends to implemt reform it should do a comprehensive examination of the act and make a determination as to which provisions will work as intended without the individual mandate, and which will not. >> if congress wants to redefine that, that is fine, that i...

Bits of it unconstitutional, they can sever the bits from the law. democrats insist it is implicit in this kind of law. who is right? >> well, first of all, it was a colossal mistake not to have a severability clause. its a standard clause. its not clear why it was kept out. some say it was a blunder. some say it could be a game of chicken. they wanted to make clear, if you take out the individual mandate, you are risking the entire bill to give the judges a bit of sticker shock. either way, it ...