severability clause examples
513 results for severability clause examples
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- 8 C.F.R. 214.2 - Special requirements for admission, extension, and maintenance of status
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__ U.S. __ (2016), 15-274, Whole Woman's Health v. Hellerstedt
Texas House Bill 2 (2013) required that a “physician performing or inducing an abortion . . . must, on the date [of service], have active admitting privileges at a hospital . . . not further than 30 miles from the” abortion facility, and that the facility meet the state’s “minimum standards . . . for ambulatory surgical centers.” As a basis for enjoining enforcement, the district court found: as...
...B. 2's severability clause. See Brief for Respondents 50-52. ... pick any of the various examples provided by the dissent, see. post, at ...
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567 U.S. 519 (2012), 11-393, National Federation of Independent Business v. Sebelius
... power under the Commerce Clause and the Necessary and Proper. Clause. Pp. ... severability clause, 42 U.S.C. § 1303, determines the. ... supra, which is one of many examples of how. rewriting the Act alters its ...
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Beyond Severability
Severability is a wrecking ball. Even the most cautious use of this doctrine demolishes statutes in contravention of legislative intent and without adequate justification. It does so through the imposition of an artificially restrictive framework: one that requires that courts respond to a statute's constitutional flaw by disregarding that statute either in whole or in part. In the last few years
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468 U.S. 641 (1984), 82-729, Regan v. Time, Inc.
..., but the presumption is in favor of severability. Here, it appears that the policies Congress ... offending words from the integrated clause in which they appear, and leaves the rest of the ...6, that the examples given by the Committees of people who might wish ...
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505 U.S. 144 (1992), 91-543, New York v. United States
... to the States" -- and with the Guarantee Clause of Article IV, § 4 -- which directs the United ...Similar examples abound. See, e.g., Fullilove v. Klutznick , 448 ... The standard for determining the severability of an unconstitutional provision is well ...
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472 U.S. 491 (1985), 84-28, Brockett v. Spokane Arcades, Inc.
...The statute itself contains a severability clause, and it is evident that, if the statute ... had construed statute to incorporate the examples of sexual conduct mentioned in Miller ). A ...
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543 U.S. 220 (2005), 04-104, United States v. Booker
... (1995), we held that the Double Jeopardy Clause did not bar a. prosecution for conduct that had ... or to what extent, "as a matter of severability analysis," the Guidelines "as a whole" are .... Several examples help illustrate the point. Imagine Smith and ...
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518 U.S. 727 (1996), 95-124, Denver Area Ed. Telecommunications Consortium
... major city television guides) provide examples of what seems likely to be such programming ... the 1992 Act contains no express "severability clause," we can find the Act's "severability" ...
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__ U.S. __, 16-476, Murphy v. National Collegiate Athletic Assn
... while providing in the Supremacy Clause that federal law is. the "supreme Law of ... severability precedents. . . I ... 79-80 (citing, as examples, Davis v. Federal Election. Commn, 554 ...
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446 F.3d 25 (1st Cir. 2006), 04-2619, Kristian v. Comcast Corp.
... arbitration agreements contain savings clauses that provide for severance of these invalid ... at 84, 123 S.Ct. 588. Examples of the former include whether an arbitration ... simply changed its mind about the severability of the class arbitration bar. We are unaware of ...
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673 F.2d 425 (D.C. Cir. 1982), 80-2184, Consumer Energy Council of America v. Federal Energy Regulatory Commission
...47 . III. SEVERABILITY . FERC, joined by ... The presence of a severability clause, which expressly sets forth congressional intent ...1353 (1953). For other examples, . see Dixon, supra note 82, at 429-32 & ...
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260 F.3d 1160 (9th Cir. 2001), 99-36173, City of Auburn v. Qwest Corp.
... The Supremacy Clause, U.S. CONST. art. VI, cl. 2, invalidates state ... the legislative history for additional examples of right-of-way management. Senator Dianne ... D. SEVERABILITY. To determine whether invalid ...
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462 U.S. 416 (1983), 81-746, City of Akron v. Akron Center For Reproductive Health, Inc.
...Section 1870.16 violates the Due Process Clause by failing to give a physician fair notice that ... 8 "1870.19 SEVERABILITY . Should any provision of this Chapter be .... 14 "Examples of permissible state regulation in this area are ...
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638 F.2d 916 (6th Cir. 1980), 80-3308, Record Revolution No. 6, Inc. v. City of Parma
...A number of specific examples are then given, each described by the phrase ... (K) from § 620.01, pursuant to the severability clause in § 620.04(g). The ...
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410 U.S. 113 (1973), 70-18, Roe v. Wade
... interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects ...Examples of permissible state regulation in this area are .... SECTION 5. [ Severability. ] If any provision of this Act or the ...
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570 U.S. 529 (2013), 12-96, Shelby County v. Holder
... to later challenge under the Supremacy Clause. See 1. . . Page 543. . . ... presents countless "examples of flagrant racial. discrimination" since ...] The VRA’s exceptionally broad severability. provision makes it particularly ...
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881 F.3d 75 (D.C. Cir. 2018), 15-1177, PHH Corp. v. Consumer Financial Protection Bureau
... with the Appointments Clause. Our order granting review. invited the ... founding, and early examples of heterogeneity in agency. design bear ... . . Severability. turns on whether the statute, minus any ...
- What Law Governs Forum Selection Clauses
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424 U.S. 1 (1976), 75-436, Buckley v. Valeo
... H is not invalid under the General Welfare Clause but, as a means to reform the electoral process, ... ascertained, the deeply disturbing examples surfacing after the 1972 election demonstrate ...147 . C. Severability. The only remaining issue is ...
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511 U.S. 383 (1994), 92-1402, C & A Carbone, Inc. v. Town of Clarkstown
... control ordinance violates the Commerce Clause. Pp. 389-395. (a) The ...Repealer; Severability. Ordinances and local laws or ... . laws [ 5 ] as classic examples of the economic protectionism the dormant ...
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How to trim a Christmas tree: beyond severability and inseverability for omnibus statutes.
...For example, the existence of a so-called "severability clause" is strong, but not conclusive, evidence of Congress's intent. A ...(56) The ACA and the Omnibus Crime Control Act of 1990 are examples of this first type of omnibus bill. (57) . The second type of omnibus bill ...
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If Bylaws Are Contracts, Where’s The Boilerplate?
Bylaws hardly constitute literature. For the most part, they simply regurgitate the applicable general corporation law with a few permitted changes here and there. In general, there seems to be two schools of thought when it comes drafting bylaws. Advocates of the long-form approach claim, with justification, that it is easier to consult the bylaws than the statute. Champions of short-form...
... forum bylaw provisions include a severability clause, a “boilerplate” provision found in ... clause? I have, in fact, seen a few examples of bylaws that include a severability clause as ...
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540 U.S. 93 (2003), 02-1674, McConnell v. Federal Election Commission
... For instance, the record is replete with examples of national party committees'. . peddling ... BCRA Title I exceeds Congress' Election Clause authority to "make or alter" rules governing ...Relying on BCRA's severability provision, [ 80 ] the court held that ...
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Statutory interdependence in severability analysis.
...Sources of evidence could include an inseverability clause, an inference from the structure of the statute, or legislative history. ...There are many examples that aptly illustrate how statutory-interdependence determinations can be ...