Tuesday, November 30, 2010

Unintended Consequence Of Reconciliation Of Obamacare: No Severability Clause

From "Severability and Obamacare" by Ben Domenech on RedState Blog:
Some people have claimed the severability clause is absent from Obamacare because the writing process of the bill was such a cluster, the clause was just forgotten. But the reality, I’m told, is that a severability clause would’ve been added in conference between the House and Senate. Except that as you know, no such conference happened — everything had to be done via reconciliation after the House passed the Senate bill. Hence, no severability clause.

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