Page 6 - Severability Clause News Today

Case law that said he could sever it out but if it is sever out, the fact is, the mandate clause is really what finances largely the health care lawsuit so whether it is in or, whether it is in or out, that it is such an important part of the funding to declare that unconstitutional is, really --. >>neil: you hit on the core of the financial part, that this pays for and it if you take out this underpinning that pays for it, you will suddenly have no way to pay for it. >>guest: and, also, any, wi...

Not writing that the bill is 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. 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 b...

We are going after funding aspects to try and prevent this new law from being i am mentioned. thats the appropriations process which takes place later in the year. our budget will reflect the fact we plan on repealing this law. >> greta: senator mccaskill voted for the health care now backing away from whether there should be alternatives to the mandate. in light of the fact there was a vote in miss record last august, 75% of the people in missouri said they dont want the mandate a republican wo...

We are going after funding aspects to try and prevent this new law from being i am mentioned. thats the appropriations process which takes place later in the year. our budget will reflect the fact we plan on repealing this law. >> greta: senator mccaskill voted for the health care now backing away from whether there should be alternatives to the mandate. in light of the fact there was a vote in miss record last august, 75% of the people in missouri said they dont want the mandate a republican wo...

Problem. i looked up at the clock he washree minutes late he. >> well courtroom to the -- welcome to the eastern district of virginia the rocket docket the fastest in the country. if you are typically three minutes late for a hearing it is like missing a mike tyson fight, too late you are done it is over. >> greta: i nearly fell out of my seat a judge apologizing for that and it wasnt his fault. the other interesting thing it is a big statute 2700 pages, on how big your font is. when theres some...

Problem. i looked up at the clock he was three minutes late he. >> well courtroom to the -- welcome to the eastern district of virginia the rocket docket the fastest in the country. if you are typically three minutes late for a hearing it is like missing a mike tyson fight, too late you are done it is over. >> greta: i nearly fell out of my seat a judge apologizing for that and it wasnt his fault. the other interesting thing it is a big statute 2700 pages, on how big your font is. when theres so...

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...

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