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rickhasen's profile
Rick Hasen
Rick Hasen
Rick Hasen
Verified account
@rickhasen

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Rick HasenVerified account

@rickhasen

Professor of Law and Political Science at UC Irvine; Election Law Blogger. Author #JusticeofContradictions coming March 2018 http://amzn.to/2CoWbzx 

Studio City, California
electionlawblog.org
Joined June 2009

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    Rick Hasen‏Verified account @rickhasen Jun 12

    Rick Hasen Retweeted Volokh Conspiracy

    Today’s must-read: @jadler1969, no fan of the ACA, on DOJ’s embarrassingly weak and cynical severability argument in the latest health care case trying to kill preexisting conditions rulehttps://twitter.com/volokhc/status/1006400693207326721 …

    Rick Hasen added,

    Volokh Conspiracy @VolokhC
    [Jonathan H. Adler] The Clever Red State Lawsuit Against the Individual Mandate, and the Justice Department's Disappointing Response http://dlvr.it/QX06bw  pic.twitter.com/oP3jhvSzDg
    6:12 AM - 12 Jun 2018
    • 7 Retweets
    • 6 Likes
    • Mike Stern Dan Cotter Sasha Samberg-Champion Eric Columbus Jim Oleske Jeff Turner legalnerd Shelley Powers David Mastio
    2 replies 7 retweets 6 likes
      1. New conversation
      2. legalnerd‏ @alegalnerd Jun 12
        Replying to @rickhasen @jadler1969

        Still trying to square @jadler1969 & @IlyaSomin opinion that 5000A is now unconstitutional with @marty_lederman opinion that it isn't and that "DOJ's argument to the contrary is inexplicable." All agree on the severability issue. But if Marty's correct no need to even address it.

        1 reply 0 retweets 1 like
      3. Ilya Somin‏ @IlyaSomin Jun 12
        Replying to @alegalnerd @rickhasen and

        The simple truth is it can’t be squared. This is just one of many constitutional issues on which experts disagree.

        2 replies 0 retweets 0 likes
      4. Marty Lederman‏ @marty_lederman Jun 12
        Replying to @IlyaSomin @alegalnerd and

        It's not a constitutional issue--it's a matter of statutory interpretation. And I think we all agree that of course Congress's intent and design was not to impose a legal requirement to maintain insurance. The only disagreement is about whether it's proper to ignore that design.

        1 reply 0 retweets 1 like
      5. legalnerd‏ @alegalnerd Jun 12
        Replying to @marty_lederman @IlyaSomin and

        As for statutory interpretation. Since 5000A still uses the term "shall," while at the same time attaching no penalty. Barnhart v. Peabody Coal Co., 536 U.S. 149, 184-185 (2003) (THOMAS, J., dissenting) ["shall" = "mandatory directive," not "hortatory" "should"].

        1 reply 0 retweets 0 likes
      6. Marty Lederman‏ @marty_lederman Jun 12
        Replying to @alegalnerd @IlyaSomin and

        The key word in that tweet is "dissenting."

        1 reply 0 retweets 0 likes
      7. legalnerd‏ @alegalnerd Jun 12
        Replying to @marty_lederman @IlyaSomin and

        1. It appears as though everyone agrees that, in deciding the severability issue, that the court (contrary to DOJ's argument) is limited to the 2017 amendment to the ACA. If that's correct, should the court also be so limited in determining the threshold question ...

        2 replies 0 retweets 0 likes
      8. Tweet unavailable
      9. legalnerd‏ @alegalnerd Jun 12
        Replying to @alegalnerd @marty_lederman and

        3. Or, stated differently, why would limitations that apply to ascertaining Congress' intent regarding severability not apply in ascertaining that intent regarding the threshold (statutory interpretation) question?

        0 replies 0 retweets 0 likes
      10. End of conversation
      1. Laura Seizer, BRD‏ @LiglyCnsrvatari Jun 12
        Replying to @rickhasen @jadler1969

        Time for DOJs to defend what they feel like.

        0 replies 0 retweets 0 likes
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