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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, with all due respect, any idiot knows you want to put a severability clause in the statute. this is no...

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. it's a standard clause. it's 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 was a mistake. it opened the door to...

We are going after funding aspects to try and prevent this new law from being i am mentioned. that's 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 don't want the mandate a republican won the u.s. senate seat, she is now revisiting -- if the mandate gets thrown out, either federal co...

We are going after funding aspects to try and prevent this new law from being i am mentioned. that's 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 don't want the mandate a republican won the u.s. senate seat, she is now revisiting -- if the mandate gets thrown out, either federal co...

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 wasn't his fault. the other interesting thing it is a big statute 2700 pages, on how big your font is. when there's something unconstitutional in a statute they will knock that part out the rest stands it is called a s...