Precedents for the Supreme Ct rewriting legislation
Posted
July 17, 2012 at 6:40pm
· Just Curious
The ACA was saved only by rewriting it. How common is this? Why does not the legislature have to vote on the "judicial" version. I attended a Federalist Society talk on the just finished Supreme Court term in San Francisco last night, and it was too well attended to ask the wonderful (but depressing last night) John Yoo.
Also, is it subject to an "origination clause" challenge?
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jpark: Another recent example of rewriting (or burning down the village to save it) came from Chief Justice Roberts in the Northwest Austin Municipal Utility District case, where the Court said the MUD could bail out even though it didn't register voters like the Voting Rights Act seems to require. The alternative would have been to find the VRA unconstitutional.
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