Replies

He's wrong, as I showed you. He's a political commentator now, not a lawyer. He's likely never adequately researched this issue (something that real lawyers do.) Just because we want something to be true, doesn't mean that it is so. I don't like this idiotic Obamacare law. I believe that it needs to be defunded and repealed. We need to focus our energies on that. I also believe that the individual mandate is unconstitutional. But simply wishing that the Supreme Court is going to magically strike all of it down because it doesn't contain a severability clause is nothing more than wishful thinking. The Courts have consistently held that severability is presumed, unless a showing can be made that the law would not have been enacted but for the provision.

"[A] court should refrain from invalidating more of the statute than is necessary. . . . [W]henever an act of Congress contains unobjectionable provisions separable from those found to be unconstitutional, it is the duty of this court to so declare, and to maintain the act in so far as it is valid." Alaska Airlines, Inc. v. Brock, 480 U.S. 678, 683 (1986).

"[W]e try not to nullify more of a legislature’s work than is necessary, for we know that [a] ruling of unconstitutionality frustrates the intent of the elected representatives of the people." Ayotte v. Planned Parenthood of N. New Eng., 546 U.S. 320 (2006).

He's wrong, as I showed you. He's a political commentator now, not a lawyer.

Levin in his professional life has never not been a lawyer. Get your facts straight.

From Wikipedia:

"B.A. from Temple University, where he graduated Phi Beta Kappa and magna cum laude. Levin also earned a Juris Doctor from Temple University Beasley School of Law.

"Beginning in 1981, Levin served as adviser to several members of President Ronald Reagan's Cabinet, eventually becoming Associate Director of Presidential Personnel and ultimately Chief of Staff to Attorney General Edwin Meese; Levin also served as Deputy Assistant Secretary for Elementary and Secondary Education at the U.S. Department of Education, and Deputy Solicitor (BTW for you, "freedomwarrior 998" that means "lawyer") of the U.S. Department of the Interior.

"He has practiced law in the private sector (OOPS! there's that "lawyer" term again), and is president of Landmark Legal Foundation, a conservative public interest law firm founded in 1976 and based in Leesburg, Virginia."

Yeah, he's not a lawyer. He's just a commentator. [/sarc]. A noted author in the context of the history of law, as well: Liberty and Tyranny: A Conservative Manifesto was released on March 24, 2009, and became a No. 1 New York Times best seller for eleven of twelve weeks [ref. Wikipedia].

Just curious: Have you ever been a practicing Attorney General, yourself?

And again, just curious -- have you any personal experience practicing before the same courts as Levin has, or have you any experience arguing any of the points you are trying to make here before any court of law?

Cuccinelli IS a CURRENTLY PRACTICING lawyer and it just so happens that he is the current serving AG for the State of Virgina. It is he and his team who crafted the challenge.

I'll wager that Cucinelli knows ALL the prevailing law and context of decisions better than any "blogger" on this board. You provide no context to the cases you cite, hence the relevance of the language you quote is meaningless.

Having progressed his case successfully thus far, I am content with Cucunelli's opinion with regard to his anticipated success over yours -- whether you happen to write as just another "arm chair lawyer" yourself, or not.

He's wrong, as I showed you. He's a political commentator now, not a lawyer.

Mark R. Levin grew up in Cheltenham Township, Montgomery County, Pennsylvania, a suburb of Philadelphia, Pennsylvania. Levin graduated from Cheltenham High School and holds a B.A. from Temple University, where he graduated Phi Beta Kappa and magna cum laude. Levin also earned a Juris Doctor from Temple University Beasley School of Law.

Beginning in 1981, Levin served as advisor to several members of President Ronald Reagan's Cabinet, eventually becoming Associate Director of Presidential Personnel and ultimately Chief of Staff to Attorney General Edwin Meese; Levin also served as Deputy Assistant Secretary for Elementary and Secondary Education at the U.S. Department of Education, and Deputy Solicitor of the U.S. Department of the Interior.

He has practiced law in the private sector, and is president of Landmark Legal Foundation, a conservative public interest law firm founded in 1976 and based in Leesburg, Virginia.

Levin has participated in the Freedom Concerts, an annual benefit concert to aid the families of fallen soldiers, and he uses his radio program to promote the concerts.[2][3] Levin is also involved with Troopathon, a charity which sends care packages to soldiers serving overseas.[4]

In 2001, the American Conservative Union awarded Levin its Ronald Reagan Award.