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Old April 26, 2013, 02:05 PM   #265
Senior Member
Join Date: October 24, 2008
Location: Orange, TX
Posts: 3,066
@Spats - sometimes not having a severability clause actually helps a bill's chance to withstand SCOTUS scrutiny - witness ACA. If there had been a severability clause, I think it's quite likely that Roberts would have gone the other way and they would have ruled the individual mandate unconstitutional and left the remainder of the language intact. I think he was very concerned about ruling the entirety of the law unconstitutional and thus voted the way he did. Sometimes the severability clause is omitted not by accident, but after great deliberation. Not sure about the NY SAFE law, however.
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