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March 28, 2012
The statute did have a severability clause. the final version did not. that could be read as congressional intent that they did not want it to be severed out. and for everyone to understand what we are talking about here fit could be severed out that, would mean that the court would rule that the individual mandate of obamacare unconstitutional but allow the rest of the law to stand. because it doesnt have that severence clause, the argument that the states are making is that it should not be se...
March 28, 2012
You probably wouldnt be making that argument right now? >> you are precisely correct. its one of the issues that one of the justices raised about being honest with the american people when you pass a bill. if you recall, greta, when the bill was first drafted, it was categorized as a tax, they eliminated the word tax and replaced it with penalty because congress didnt want to have to be subject to casting a vote, imposing a massive tax increase, especially on americans make less than $250,000 a ...
March 28, 2012
Under the tax and spend clause. and thats the key argue argument that we are making here. there are pathways that congress could have taken to institute this massive health care program but congress purposefully didnt choose those pathways. instead, they cheese an innovative, difficult, unconstitutional pathway, through the individual mandate, as was argued in court today and raised by some of the justices, had congress pursued their taxing authority, which they clearly have, then this probably ...
March 28, 2012
The statute did have a severability clause. the final version did not. that could be read as congressional intent that they did not want it to be severed out. and for everyone to understand what we are talking about here fit could be severed out that, would mean that the court would rule that the individual mandate of obamacare unconstitutional but allow the rest of the law to stand. because it doesnt have that severence clause, the argument that the states are making is that it should not be se...
March 28, 2012
Under the tax and spend clause. and thats the key argue argument that we are making here. there are pathways that congress could have taken to institute this massive health care program but congress purposefully didnt choose those pathways. instead, they cheese an innovative, difficult, unconstitutional pathway, through the individual mandate, as was argued in court today and raised by some of the justices, had congress pursued their taxing authority, which they clearly have, then this probably ...
March 28, 2012
You probably wouldnt be making that argument right now? >> you are precisely correct. its one of the issues that one of the justices raised about being honest with the american people when you pass a bill. if you recall, greta, when the bill was first drafted, it was categorized as a tax, they eliminated the word tax and replaced it with penalty because congress didnt want to have to be subject to casting a vote, imposing a massive tax increase, especially on americans make less than $250,000 a ...