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Eric Johnson
09-08-2010, 10:12 PM
Virginia Attorney General Cuccinelli was on Greta Van Susteren tonight. While discussing the case that he's filed against the health care bill, he pointed out that there's no severance clause in the 2000+ page bill.....none.

A severance clause says that if any part of the a law is declared unconstitutional, the rest of the law stands.

The absence of a severability or severence clause means that if any of the various suits filed by the states results in a section being declared unconstitutional.....the whole thing is thrown out! What is not clear to me is whether this would apply to all the states or just to the state that had filed that particular suit.

Mr Cuccinelli said that there were two possible reasons for this. First of all, sheer short-sightedness.

The second reason is that he suspects the Senate bill really wasn't supposed to pass. They voted it out in the middle of the night during Christmas. The expectation was that the House would pass a bill and then the houses would have to resolve the differences. The election of Scott Brown meant that the House couldn't send an amended bill back to the Senate with any hope of passage so the House just passed it. Now everyone is learning just how screwed up it is.

Stay tuned....

Eric