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To: old curmudgeon
So then why is not someone going to court to settle the question of severability?

The issue is resolved (depending on whether you care about the rule of law or just about precedent).

(1) There is no severability clause in the "Affordable" Care Act, so if we have the rule of law, ObamaCare is not severable. If any portion is unconstitutional, the whole thing must be invalidated.

(2) When Chief Justice Roberts rewrote the bill to legislate from the bench, he pretended that ObamaCare was severable. Roberts already rewrote some portions and deleted others; the precedent has been set.

18 posted on 01/10/2014 7:33:01 PM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Pollster1

I have not read Robert’s decision.

I thought his main thrust was toward making the law constitutional by calling it tax law.

I thought the matter of severability was still an open question.


22 posted on 01/10/2014 7:50:55 PM PST by old curmudgeon
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