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Re: 401kobessive post# 650949

Wednesday, 12/09/2020 8:39:20 PM

Wednesday, December 09, 2020 8:39:20 PM

Post# of 815751
One thing SCOTUS could do, and Justice Thomas said this in Seila, they could declare HERA UNCONSTITUTIONAL IN ITS ENTIRETY, remedy Plaintiffs, and let the US Congress pass a new HERA if they want (i.e., the Bulldozer Approach to remedying an Unconstitutionally Structured Statute).

In Seila, the Majority, rejected that approach and instead used a Scalpel Approach by inserting "at will" and blue pencilling "malfeasance, neglect, etc." They were aided by a Severability Clause in the Dodds Frank Act, and TOTALLY GUESSED THAT IS WHAT CONGRESS WOULD HAVE WANTED INSTEAD OF JETTISIONING DODD FRANK!

There is a similar issue in the Obamacare case they heard a couple of weeks ago...