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Offline Freeper

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An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« on: December 01, 2010, 08:54:00 PM »
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Better Believe It Donating Member (1000+ posts)  Journal Click to send private message to this author Click to view this author's profile Click to add this author to your buddy list Click to add this author to your Ignore list    Wed Dec-01-10 09:17 PM
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An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed   Updated at 1:58 PM
   
An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
By Brian Beutler
November 30, 2010

Conservative foes of the Affordable Care Act want the federal courts to smother the new health care law in its crib. They've argued that Democrats failed to erect the proper safeguards to protect the legislation from being stricken down entirely by the courts. And when a Virginia district court judge rules in the coming days on the Constitutionality of the law's insurance mandate, he'll also have to decide whether none, some, or all of the law must go with it.

The obscure term of art here is "severability".

Quite often, legislators include what's known as a "severability clause" in their bills. These are meant to protect the bulk of a law in the event that a small portion of it is determined to be unconstitutional. That small portion must go, or be changed, but pretty much everything else is allowed to stand.

In a sin of omission, Democrats left such a clause out of the health care law, and now the plaintiffs in at least one of the cases against it want the court to take an axe to the whole thing if the judge decides that the individual mandate provision is unconstitutional.

Read the full article at:

http://tpmdc.talkingpointsmemo.com/2010/11/conservative...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x9669088

I love how they call it the affordable care act.
So far my premiums have increased, and today I was prescribed a medication for high cholesterol that I can't afford so I won't be taking it. Yep the dems really fixed health care.  :whatever:



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Offline formerlurker

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #1 on: December 01, 2010, 09:00:05 PM »
This is old news -- they are just joining the party now?   This will hopefully be repealed shortly after the new year.
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Offline miskie

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #2 on: December 01, 2010, 09:23:19 PM »
Quote from: formerlurker on December 01, 2010, 09:00:05 PM
This is old news -- they are just joining the party now?   This will hopefully be repealed shortly after the new year.

Its not been a good day on the island - there is this, the error on the Dems food safety bill, and Wikileaks exposed the Oministration as actively participating in preventing trials of the Bush admin by other nations as a war criminal..

No Hague..
No frog march..
No toasty legs....

Lots and lots of laughs
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Offline Randy

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #3 on: December 02, 2010, 01:36:39 AM »
An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed

Uh yeah, by far the biggest error they made was when they passed it.
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Offline JohnnyReb

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #4 on: December 02, 2010, 02:46:23 AM »
2,000+ pages with everything but coverage for a kitchen sink plug-up and they left that out...... :lmao:
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Offline dandi

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #5 on: December 02, 2010, 03:02:50 AM »
What was it Pelosi said again? Oh yeah:

"“But we have to pass the bill so that you can find out what is in it..."

Or in this case, what isn't in it.

 :tongue:
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Offline miskie

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #6 on: December 02, 2010, 05:45:43 AM »
Quote from: dandi on December 02, 2010, 03:02:50 AM
What was it Pelosi said again? Oh yeah:

"“But we have to pass the bill so that you can find out what is in it..."

Or in this case, what isn't in it.

 :tongue:

Indeed - they should have read the bill first, what Obama promised would happen. Too bad, primitives.
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Offline true_blood

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #7 on: December 02, 2010, 12:15:20 PM »
Quote from: Freeper on December 01, 2010, 08:54:00 PM
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x9669088
I love how they call it the affordable care act.
So far my premiums have increased,
Same here Freeper. Affordable, huh?! :mental: It went up over 25 bucks a month.
Let's not forget all the jobs this wonderful bill has created. ::) :whatever:
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Offline SSG Snuggle Bunny

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #8 on: December 02, 2010, 12:31:25 PM »
You'd think someone would have noticed that when they were reading the bill.

Oh, wait...
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Offline DumbAss Tanker

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Re: An Error By Dems May Allow The Lawsuit Against Health Care Reform To Succeed
« Reply #9 on: December 02, 2010, 12:32:32 PM »
Looks like it's not going to matter after all.
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