Severability Question News Today

Age. so i think these people are trying to get out in front of it. the prosecutor has a real bargaining tool. georgia has a first offender act, which is if people start cooperating, she could offer them first offender treatment as if this never happened. so there are incentives to get this in the rearview mirror. >> lets talk about this. theres a bunch of folks that want an early trial. three issues, as i could. the people who want an early trial, the severability question, and then moving into ...

Provision that he does not clearly have the authority to do under an administrative executive order. but what he has passed now does havent any path to citizenship. what you were arguing against the dream act, it was too big were gave much. alls doing is on kids, we are talking about kids -- they didnt break any laws. megyn: keep it on legalities. thats the question. whether he has the legal right. the president and his team argue they have prosecutorial discretion. >> the term prosecutorial dis...

Charges, hes not. >> right the question now is, can this automobile introduced in his trial? and the answer is, no, it should not be. megyn: really? >> it would be more prejudicial and probative. >> its not probative? megyn: his lawyer has come out with a statement that acknowledges that this is going to come back and reflect on his credibility. i dont know if you get part of the tape in arthur as a lawyer then the other side has a right to play more of the tape. there was a lot on here, its not...

Like theres no smoking gun kind of thing, oh, yeah, i made it up, he wasnt really attacking me, or i really know there is a hundred thousand dollars in my account. but, boy, all it takes is a modicum of common-sense and experience doing what we do and you can tell what is going on. hes obviously speaking to her in code about how much money is in the account. and then he goes into court a few days later, and he lies about it, and she lies about it. and if a jury is supposed to weigh his credibili...

Saying if you have a preexisting condition you cant be denied coverage. those two provisions go. but there are many other provisions unrelated to the mandate. things like 2.5 million young adult getting health insurance on their familys plans. seniors getting prescription drug coverage. all those seem unrelated to the mandate so my guess is those provisions would stand. megyn: wendy, what do you think? if the individual mandate goes but they dont throw out the whole law. >> when nancy pelosi sai...

This is in advance of his bond hearing, they believe that this couple lied to the court in order to get mr. zimmerman a low bond, his bond was ultimately revoked in the wake of these tapes, and the prosecutions argument. this is one of the tapes revealed by the prosecutors today. six in total have been released. ive been through them all, so has the panel. the question no is what do they tell us about these two individuals and this case. joining me now arthur aidala and mike eiglarsh who is an a...

And using it for everything but the legal fund. they said, no we are destitute. megyn: there is talk of putting money, cash in a safety deposit box and discussion of his passport, and there is a real question about how that discussion will affect his request to get out again on bond. why is he shuffling money away to a safety deposit box and cash and so on. well talk about it with our panel coming up. well take up all that, plus there is some evidence on these tapes that may reflect well on geor...

Oral argument, based on the questioning and the intonation of the judges while asking the questions and listening to the answers. it suggested to me that as with the individual mandate issue, on the severability question, they seemed to be suggesting if the individual mandate is unconstitutional, the rest of the law has to go as well. bill: wow. >> because otherwise theyre essentially rewriting the bill and cant do that. bill mike lee, thank you sen to, well talk again. nice to see you in person...

Part of the law can be thrown out and the rest of the plan can survive. >> absolutely. first of all, i dont think well get to severability based on the history and supreme court precedent back to the founding and great chief justice marshal, i think they will uphold the mandate then they dont need to get to the severability question the issue is important, because it will decide whether or not the rest of the act which many americans support, including the ban on insurance companies discriminati...

The court ruling as quickly as possible. >> the next issue thats got to be considered, the issue of severe ability. whether the rest of the law can stand on its own. do you think the court will get to that issue and if they do, what would be your argument on that? >> we hope they address the issue and rule its not severable and the result, legally speaking, all obama care must be stricken. i was in the courtroom during the 11th court of appeals argument where obamas lawyers said if its stricken ...