Wednesday, March 28, 2012

Scalia on severability: Making us read this entire bill would be cruel and unusual punishment

Scalia on severability: Making us read this entire bill would be cruel and unusual punishment


Via the Washington Free Beacon, the oral argument laugh line du jour and further evidence that Scalia, whom the left once viewed as a potential vote to uphold the mandate, looks set to drop an atomic bomb on the whole scheme. The unspoken punchline is that Congress didn’t want to read the bill either (right, Nancy?), which is how this landmark boondoggle with a dubious constitutional novelty at its core somehow ended up … without a severability clause. That was today’s subject — if the mandate is struck down, does the rest of this thing have to die with it or can other provisions of the law be salvaged? Congress almost always adds a section about that when it drafts a bill. It forgot this time. Oops.


TONY DIGIROLAMO- NO SEVERABILITY CLAUSE? AMAZING THOSE PROGRESSIVES, NO?

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