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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's 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 allow a judge like judge vinc...

By the federal government? i will contend that in fact the state's 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 this requirement that you have to buy a policy is at the heart of the law if it goes the entire proc...

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, we'll throw the piece of legislation out and start over. that's 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 medicaid and think of the huge amount of increase and cost that that causes us over the years. we'll...

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, we'll throw the piece of legislation out and start over. that's 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 medicaid and think of the huge amount of increase and cost that that causes us o...

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 and of the laws themselves. it is not going to take a lot of evidence. it is not going to take a numb...