Law/court question

[PrinceofWands]

In discussing the recent health care decision I notice that the courts severed the mandate from the rest of the law. The problem is that the bill contained no severability clause. Can courts do that? If so, from where do they draw that power (precedent, law, etc)? If courts can do that, why include severability at all?

 

[BoomerD]

Take it to P&N.

 

[PrinceofWands]

Take it to P&N.

This is neither news nor politics (specifically). I'm not interested in a debate on the health care bill or even the justice system. I asked a flat question about a matter of legal procedure. It's no different than any of the other law questions that get asked here (am i screwed, got a dui, can i fight this, etc). I don't see how it fits into P&N more than OT, but if it does mods are free to move it.

 

[WHAMPOM]

Better yet take it to highly technical. P&N is 95% troll and 5% reasonable answer.

edit; better make that 1% reasonable answer.