Page 5 - Severability Clause News Today

Severable meaning if courts find bits of it unconstitutional, they can sever the bits from the law. democrats insist it is implicit in this kind of law. whos 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...

By the federal government? i will contend that in fact the states sovereignty is at question. we have the trite pass a similar law to what they did in virginia. the government has said we are going to preempt this whole area. the other thing that is important the interconnectivity is the law. -- of this whole law. >> greta: usually one section gets knocked out the rest of the statute stands. mr. cuccinelli told me in virginia he has found no severability clause. >> even the government concedes t...

It is a weakness in their efforts and a sign that we will win this in the supreme court and get the law thrown out. i am excited about that it is a tough slog here. but there is no severability clause. we win, well throw the piece of legislation out and start over. thats what we would love to see happen . otherwise tis a horrible thing for the states. cost in florida is much more than we could talk about tonight. i am running for governor and looking at twen percent of the budget that goes to me...

Tax all along, too. it is a weakness in their efforts and a sign that we will win this in the supreme court and get the law thrown out. i am excited about that it is a tough slog here. but there is no severability clause. we win, well throw the piece of legislation out and start over. thats what we would love to see happen . otherwise tis a horrible thing for the states. cost in florida is much more than we could talk about tonight. i am running for governor and looking at twen percent of the bu...

In light of that, how fast do you think this is going to proceed? give me an idea of the track on this. >> the attorney general filed it yesterday. it is in what is called a declaratory judgment action many we are just asking the court to rule on the merits of the petition based on our virginia statute that we just enacted saying no mandates are permissible in virginia. and in the federal law that says you must have a mandate under penalty of law. they can rule on the nature of the legal brief a...

Severability clause where if one part is struck down the rest of the legislation continues on. in terms of funding, i havent seen the numbers the internal numbers that the obama administration has but i expect this was part of the funding mechanism. as speaker gingrich with went over theres some funky accounting here, some cooked books that the obama administration used to push this i expect that they are counting on the mandate to help provide some of the revenue that they need to make their nu...

Severability clause where if one part is struck down the rest of the legislation continues on. in terms of funding, i havent seen the numbers the internal numbers that the obama administration has but i expect this was part of the funding mechanism. as speaker gingrich with went over theres some funky accounting here, some cooked books that the obama administration used to push this i expect that they are counting on the mandate to help provide some of the revenue that they need to make their nu...

And health insurance who challenged whether congress can tell them how to do business and involves hospitals and doctors who argue they would go out of business. it appears because we have not seen the papers, they are not released, the judge said the following: he found, as did the federal trial judge, henry hudson, in richmond, virginia a month and a half ago the requirement that individuals purchase health insurance is beyond congress ability. stated differently the constitution doesnt author...

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It is the legislation which is why the federal government is appealing that decision and why everyone says this thing is going all the way to the supreme court. and we are going all the way to greta "on the record," to make sense. >> this is huge, it is momentous and i read the opinion about 78 or 80 pages and the judge went through every single argument on both sides in an efforts to make this an airtight decision. what he has said is that you cant, the commerce clause allows the federal govern...