Believe it or not, there's an important connection between #HR1 and the #TexasFoldEm lawsuit to strike down the #ACA pending a #SCOTUS decision right now. 1/
https://twitter.com/AriBerman/status/1367182495205187589
The #TexasFoldEm case, brought by 20 GOP state AGs, uses insane "logic" to claim the #ACA's individual mandate is unconstitutional because the GOP changed the penalty amount to $0.
However, it ALSO argues that since the mandate is unconstitutional, the ENTIRE LAW is as well. 2/
However, it ALSO argues that since the mandate is unconstitutional, the ENTIRE LAW is as well. 2/
The first issue is re. merits of the case, which most legal experts from ACROSS the political spectrum agree are either nonexistent or weak at best.
The SECOND issue is re. "severability"...that is, whether you can strike down one part of a law without striking down the rest. 3/
The SECOND issue is re. "severability"...that is, whether you can strike down one part of a law without striking down the rest. 3/
On the issue of severability, pretty much EVERY legal/Constitutional expert agrees that yes, SCOTUS can *easily* remove the mandate language while leaving the rest of the ACA in place whether there's a line in the ACA stating such or not (there isn't). 4/
Assuming #HR1 passes and becomes law (and it damned well better), there will almost certainly be a bunch of lawsuits attacking it brought by the GOP. Some may make it up the ladder. If so, there's a possibility that some provisions may be struck down by SCOTUS. 5/
If so, the issue of severability could be HUGE re. #HR1.
Here's a *simplified* list of voting expansion/election reform items:
-Automatic/E-Day registration
-2 weeks early voting
-Expand vote by mail
-Stop voter purging
-Independent redistricting
-Public financing elections 6/
Here's a *simplified* list of voting expansion/election reform items:
-Automatic/E-Day registration
-2 weeks early voting
-Expand vote by mail
-Stop voter purging
-Independent redistricting
-Public financing elections 6/
While ALL of these are extremely important, I could see a scenario in which, say, the public financing and/or anti-gerrymandering provisions get struck down but the rest is upheld, for instance.
Severability is key. Even if SCOTUS killed part of HR1, most of it should survive.
Severability is key. Even if SCOTUS killed part of HR1, most of it should survive.
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