March 17, 2010
Legal beagle stuff
Landmark Legal Foundation (Levin's group) posted a copy of the suit they're going to file immediately upon usage of the "Slaughter Rule".
A couple of thoughts after quick review - this is the approach that Levin's stated all along which I think is brilliant, what with it being my approach as well. Throwing in the comments about the line item veto is a great touch since it directly addresses the justicablity argument.
The point about reliance and the impact on *all* current insurance contracts are also well made and ones that I haven't seen addressed too much. Honestly, this will rewrite thousands upon thousands of currently existing contracts immediately. That gives everyone with insurance standing. This also is going to be an enormous cost on insurance companies.
This is also pretty aggressive language, believe it or not. The comments about the Court needing to step up to its co-equal role are both an appeal to the Court's vanity and a shot across the bow about this being the last attempt to constrain Congressional excess.
Hopefully it won't come to that, but if the Slaughter Rule is used and the bill is deemed passed, the briefing on the 12(b)(6) motion to dismiss is where the real fun will be.
A couple of thoughts after quick review - this is the approach that Levin's stated all along which I think is brilliant, what with it being my approach as well. Throwing in the comments about the line item veto is a great touch since it directly addresses the justicablity argument.
The point about reliance and the impact on *all* current insurance contracts are also well made and ones that I haven't seen addressed too much. Honestly, this will rewrite thousands upon thousands of currently existing contracts immediately. That gives everyone with insurance standing. This also is going to be an enormous cost on insurance companies.
This is also pretty aggressive language, believe it or not. The comments about the Court needing to step up to its co-equal role are both an appeal to the Court's vanity and a shot across the bow about this being the last attempt to constrain Congressional excess.
Hopefully it won't come to that, but if the Slaughter Rule is used and the bill is deemed passed, the briefing on the 12(b)(6) motion to dismiss is where the real fun will be.
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