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Tuesday, September 14, 2010

ObamaCare's Fatal Flaw?

At American Thinker, an argument that the potential elimination of a personal mandate (via lawsuit by Virginia and/or several other states) could render the whole of Obamacare unconstitutional because there was no severance clause included.

"If Virginia prevails, it leaves the question of what happens to the rest of the ObamaCare statute. This is where the concept of severance comes in. Normally, all comprehensive laws contain a boilerplate severance clause: it says that if any portion of the law is found to be unconstitutional, that portion is severed from the rest of the law -- that is, the rest of the law stands.

But ObamaCare contains no severance clause."

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