• mkwt@lemmy.world
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    11 hours ago

    Just the unconstitutional parts. And the text stays on the books, just with a citation to the court case that says they’re unconstitutional.

    When the courts strike down a law, they have an obligation to keep as much of it intact as possible.

    Example: Affordable Care Act. The individual mandate was eliminated, but the marketplace, subsidies, medicaid expansion, and the preventive care stuff stayed in place.

    • reddig33@lemmy.world
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      11 hours ago

      I thought this was an option. But it is strange that we don’t have “line item veto” in the executive branch, but we evidently have it in the judicial branch.