cross-posted from: https://hexbear.net/post/5013999
Don’t worry, Steiner will make sure it won’t pass in the Senate.
So the bill contains a bunch of unconstitutional stuff, does the whole bill/law die in court, or just the parts that are unconstitutional?
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.
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.
On a lot of these anti-Trump injunctions, you’re starting to see a security bond of $1, exactly because of this.
If the one sentence is the entire statutory language, I don’t see anything that removes the judge’s existing discretion to require a nominal token bond.
I don’t understand. What does the token bond amount do?
It seems that an injunction with a token bond attached would still be enforceable under the proposed law.
There doesn’t seem to be anything in the provision that requires the security bond to be substantial.
