The provision would bar courts from enforcing contempt citations for violations of injunctions or temporary restraining orders unless a bond has been paid.
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.
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.