severability clause examples

321 results for severability clause examples

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  • State of Florida, et al v. U.S. Department of HHS, et al, (11th Cir. 2011)

    ... and it exceeded Congress’s power under the Commerce Clause and the Necessary and Proper Clause. The district court also ... the individual mandate is unconstitutional and its severability holding. The state plaintiffs crossappeal the district court’s ...We list examples of the major reforms. . 1. Guaranteed Issue. Insurers must ...

  • State of Florida, et al v. U.S. Department of HHS, et al, (11th Cir. 2011)

    ... and it exceeded Congress’s power under the Commerce Clause and the Necessary and Proper Clause. The district court also ... the individual mandate is unconstitutional and its severability holding. The state plaintiffs crossappeal the district court’s ...We list examples of the major reforms. . 1. Guaranteed Issue. Insurers must ...

  • Statutory Interdependence in Severability Analysis

    According to conventional wisdom, when a court rules a statutory provision unconstitutional, it must sever that provision or strike down the entire statute. This understanding is incomplete. In practice, courts may engage in compound severance: invalidating additional, otherwise constitutional provisions of the statute without striking down the entire statute. They reason that the degree of...

  • United States v. Treasury Employees, 513 U.S. 454 (1995)

    ...The GAO Report's examples of instances that gave rise to serious concerns about real or ...In Brockett itself, the state statute contained a severability clause announcing that the remainder of the Act would continue in ...

  • Shelby County v. Holder, 570 U.S. (2013)

    ...Outside the strictures of the Supremacy Clause, Statesretain broad autonomy in structuring their governmentsand ...15. The compilation presents countless "examples of flagrant racial discrimination" since the last ... warranted here.9 The VRA's exceptionally broad severability provisionmakes it particularly inappropriate for the Court to ...

  • United States v. Booker, 543 U.S. ___ (2005)

    ...S. 389 (1995), we held that the Double Jeopardy Clause did not bar a prosecution for conduct that had provided the basis ... decide whether or to what extent, "as a matter of severability analysis," the Guidelines "as a whole" are "inapplicable .. such ... . Several examples help illustrate the point. Imagine Smith and Jones, each of whom ...

  • Zablocki v. Redhail, 434 U.S. 374 (1978)

    ... public charges," held to violate the Equal Protection Clause of the Fourteenth Amendment. Pp. 383-391. (a) Since the right to ... The statute in question, however, does not contain a severability clause, and the Wisconsin Legislature has made specific provision ... classes rather than by focusing on selected, atypical examples." Ante, at 55. The analysis applied in Jobst is equally ...

  • Kansas v. Marsh, 548 U. S. (2006)

    ... the Kansas Supreme Court's decision was based on the severability of §21-4624(e) under state law, and not the constitutionality of ...S. 31 (1982), concluding that the Double Jeopardy Clause does not bar a retrial when a conviction is "revers[ed] based on ... be innocent, as described in a report which used their examples to illustrate a theme common to all 13, of "relatively little ...

  • Gayle Shotts, etc., Petitioner, vs. OP Winter Haven, INC., et al., Respondents, (2011)

    ... context: “No valid agreement exists if the arbitration clause is unenforceable on public policy grounds.” Id. at 398. Thus, ... Although the agreement in this case contains a severability clause, the AHLA provision goes to the very essence of the ... Thus, in the above examples, in the two cases where the arbitrators awarded punitive damages, ...

  • Roe v. Wade, 410 U.S. 113 (1973)

    ... and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action ...Examples of permissible state regulation in this area are requirements as ..."SECTION 5. [Severability.] If any provision of this Act or the application thereof to any ...

  • Judicial Review

    § 17.1 Foundations of . § 17.1.1 The Nature and Basis of . § 17.1.2 During the Original Natural Law Era: 1789-1873. § 17.1.2.1 Marbury v. Madison versus the Tripartite Theory of . § 17.1.2.2 Martin v. Hunter's Lessee and Federal Court Supremacy. § 17.1.3.1 During the Formalist Era: 1873-1937. § 17.1.3.2 During the Holmesian Era: 1937-1954. § 17.1.3.3 During the Instrumentalist Era: 1954-1986. ...

  • Printz v. United States, 521 U.S. 898 (1997)

    ... and proper" to the execution of Congress's Commerce Clause power to regulate handgun sales. Where, as here, a law violates ...Pp. 933-934. 3. The Court declines to address the severability question briefed and argued by the parties: whether firearms ... by observing that "other numbers of The Federalist give examples" of the "essential agency" of state executive officers. Post, at ...

  • Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999)

    ...Assuming, arguendo, that the severability standard for statutes-whether the legislature would not have ...It argues, citing examples, that since the United States "had the sophistication and ...S., at 562 (quoting the reservation clause). The Court characterized the Senecas' claim as one "sought to be ...

  • American Communications Assn. v. Douds, 339 U.S. 382 (1950)

    ..., as its commands are incorporated in the Due Process Clause of the Fourteenth Amendment. Again, the relation between the ... invalidity on the whole and the applicability of the severability clause. As it does not prevail, discussion of the question would ... imposed on these groups are shown by the following examples. In 1558 Parliament prescribed an oath, which no conscientious ...

  • Buckley v. Valeo, 424 U.S. 1 (per curiam) (1976)

    ... (a) Subtitle H is not invalid under the General Welfare Clause but, as a means to reform the electoral process, was clearly a ... can never be reliably ascertained, the deeply disturbing examples surfacing after the 1972 election demonstrate that the problem is ... C. Severability. The only remaining issue is whether our holdings invalidating ...

  • Clark v. Martinez, 543 U.S. ___ (2005)

    ...L. J. 1945, 1960-1961 (1997) (providing examples of cases where the Court construed a statute narrowly to avoid a ...After all, under the severability clause, if Zadvydas had held unconstitutional the indefinite ...

  • The Collateral Consequences of Ex Post Judicial Review

    Judicial review produces disruptions to democratic preferences that are not constitutionally required. Judicial review produces these disruptions because the law the Court declares unconstitutional is not automatically replaced with the laws that policymakers would have enacted had they known their preferred policy was unconstitutional. The Court is institutionally ill-equipped to address these...

  • Regan v. Time, Inc., 468 U.S. 641 (1984)

    ... intent, but the presumption is in favor of severability. Here, it appears that the policies Congress sought to advance by ... to excise certain offending words from the integrated clause in which they appear and leaves the rest of the statutory ...6, that the examples given by the Committees of people who might wish to use ...

  • Reno v. American Civil Liberties Union, 521 U.S. 844 (1997)

    ... preserve the CDA's constitutionality by honoring its severability clause, § 608, and by construing nonseverable terms narrowly, is ...Appellees cite no examples of speech falling within this universe and do not attempt to ...

  • Sen. Robert Menendez Holds a Hearing On Convention On the Rights of Persons with Disabilities, Panel 2

    ... whether for federalism purposes and for purposes of severability (ph), to take two examples that were raised earlier with Senator ...We need to recall that Congress used its regular Commerce Clause and other powers to enact the ADA. And I'm simply suggesting it ...

  • Non-Compete Agreements With Employees

    ...Examples include a promise to provide an employee with confidential ... permit modification only if the agreement contains a severability clause. Even when a non-compete is modified, the fact that the ...

  • Promotion Of Arbitration In The 21st Century

    ... relief under the Federal Arbitration Act, to name a few examples of the rulings. Often the Court majority has justified a decision ... agency or was otherwise asked to invalidate an arbitration clause on the other hand, it chose arbitration or to uphold the clause. ...395 (1967). This is what is referred to as the "severability" doctrine. As a result of the severability doctrine, a party may ...

  • Fight Fraud Within Exemption: Advocating a Properly Tailored Interpretation of the § 1702 Evasion Clause of the Interstate Land Sales Full Disclosure Act

    Under the Interstate Land Sales Full Disclosure Act’s ("ILSA") exemption provisions, developers are not exempted from the statute if they act "for the purpose of eva[ding]" ILSA. Accordingly, the proper standard to evaluate whether a developer has acted to "eva[de]" ILSA is critical in exemption determination, and the Eighth and Eleventh Circuits are split regarding...

  • Clinton v. City of New York, 524 U.S. 417 (1998)

    ... the Act's cancellation procedures violate the Presentment Clause, Art. I, § 7, cl. 2. This Court again expedited its review. ...We note, however, that the Act contains no severability clause; a severability provision that had appeared in the Senate ...Examples of appropriations committed to the discretion of the President ...

  • McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003)

    ...For instance, the record is replete with examples of national party committees' peddling access to federal ... that BCRA Title I exceeds Congress' Election Clause authority to "make or alter" rules governing federal elections, ...Relying on BCRA's severability provision,80 the court held that invalidation of the executory ...