Side Effects: What Obamacare and the Death Star have in Common

[formerlurker]

“Most laws of large size and scope have something called a “severability clause” attached to them. Essentially, this means that if one part of a piece of large legislation is ruled unconstitutional by a court, that unconstitutional portion is “severed” from the rest of the bill — the ruling doesn’t stop the rest of the law from being enforced.”

Obamacare doesn’t have a severability clause, most likely due to the hurried manner it which it was rammed through Congress.  And that omission constitutes a thermal exhaust port which may allow Jedi—aka, those challenging Obamacare in the courts—to annihilate the Empire’s mothership with just one deftly targeted legal torpedo.

http://blog.heritage.org/2010/08/20/side-effects-what-obamacare-and-the-death-star-have-in-common/

[true_blood]

OBAMACARE = FAIL!!

[ColonialMarine0431]

[rich_t]

What are Ben Domenech's credentials on constitutional law and why should I think what he states is accurate?

[Ptarmigan]

Cue The Imperial March.

[youtube=425,350]http://www.youtube.com/watch?v=-bzWSJG93P8[/youtube]

[formerlurker]

What are Ben Domenech's credentials on constitutional law and why should I think what he states is accurate?

What he is referring to has nothing to do with constitutional law -- Obama, the legal scholar, forgot to ensure there was a severability clause included in his  legislation.  Therefore, should federal court find for any of the states' actions then the entire legislation is void.  

One has to wonder if the Democratic Congress is collectively sighing in relief over this news.  

[NHSparky]

What he is referring to has nothing to do with constitutional law -- Obama, the legal scholar, forgot to ensure there was a severability clause included in his  legislation.  Therefore, should federal court find for any of the states' actions then the entire legislation is void.  

One has to wonder if the Democratic Congress is collectively sighing in relief over this news.  

I wouldn't, because at the end of the day, this will still take several years at least until this is wrung out.  And even if the bill is rendered moot in its entirety, the damage with the increased taxes has already been done.  Plus, people are going to remember not that the bill went away, but that certain people voted for it in the first place, and given the chance, would do so again.