01 February 2011

Ezra Klein - Wonder Boy in Search of a Dictionary

See John's earlier story about the boy genius.

Proof that Klein has seen a book before.
If you are not familiar with the concept of severability, take a peek there for a starter and keep researching.  Now decide if Ezra Klein will ever figure out what it means -
Ezra Klein - GOP judge rules against Affordable Care Act:
"That puts Vinson on the far right of this debate: Previously, Henry Hudson had ruled the individual mandate unconstitutional but the rest of the law constitutional, and Norman Moon and George Steeh had ruled both the mandate and the rest of the legislation constitutional. So there's currently a 2-2 split: The judges appointed by Democrats think the law constitutional, and the judges appointed by Republicans think the law varying degrees of unconstitutional. Whatever happens to the legislation at the end of the day, the clear level of politicization in the judiciary is getting its day in the sun. Vinison even shouts out to the Boston Tea Party in his decision."
There were so many bad parts to the linked story it was hard to decide which bit to quote.  Now, really simple, the House had a severability clause in the bill they sent to the Senate.  The Senate removed it.  If it is missing and any part of the law is found unconstitutional, then the whole thing is unconstitutional.<- that is a period at the end.

Just open your wallet and nobody gets hurt.
Also, if the is a severability clause and a portion is found to be unconstitutional it can still render the whole thing unconstitutional if the bill would not have been passed without it.  From the debate at the time, and congressional comments since, there is not any doubt that the insurance purchase mandate was essential for this to become law.

I know, it is too much to ask, but can the Ezra Kleins of the world ever look at something in the light of facts?

Just a wonder here, if this were a Civil Right ruling (of the kind Liberals like, not a true equality issue) would Ezra Klein be complaining that this judge ruled it unconstitutional while others did not?

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