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rekcusdo

12/12/16 5:42 PM

#370599 RE: big-yank #370587

Collins does not challenge HERA's constitutionality at any point. However, it explicitly challenges specific actions taken under the cloak of HERA in claim 4 thru the Separation of Powers of the Constitution. This isn't a flirt...its a straight up claim of unconstitutionality of actions taken by instituting the NWS as conflicting with the guiding principle of HERA.

So, yes you are right that Collins does not challenge HERA as unconstitutional. However, it does claim that specific actions taken under the cloak of HERA were unconstitutional.

I believe that this is the underlying argument of Collins...not to undo HERA as a whole, but to undo the NWS due to a violation of the separation of powers.
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Donotunderstand

12/12/16 11:22 PM

#370641 RE: big-yank #370587

Thank you

No case trying to "void" HERA