To: vrwc1; anglian
I think had he ruled otherwise, he risked having his decision overturned. There are other laws that have been passed without a severability clause where the SCOTUS held only specific pieces were unconstitutional. (e.g. Sarbanes-Oxley)
I don’t like it either and believe as you do that if 1501 is key, then toss it all. But I’d rather see the key piece ruled unconstitutional than have Hudson’s entire decision overturned or sent back to him for reconsideration. Let the SCOTUS throw out the whole thing then there can be no arguments.
306 posted on
12/13/2010 1:43:06 PM PST by
BuckeyeTexan
(There are those that break and bend. I'm the other kind.)
To: BuckeyeTexan
"I think had he ruled otherwise, he risked having his decision overturned. There are other laws that have been passed without a severability clause where the SCOTUS held only specific pieces were unconstitutional. (e.g. Sarbanes-Oxley)"
That is exactly why he didn't throw the entire thing out. He threw a wrench in the fan, but he didn't pull the plug. Now, the wrench will create a hell of a lot of damage. As I read the ruling, it was obvious that he was very careful to go after the most obvious flaw in the legislation. He knew the entire ruling could easily be reversed had he thrown the entire thing out. Wise approach by da' judge.
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