A severability clause lets certain contract parts remain valid, even if others are void. Learn about its definition, key ...

Recently, federal district courts in the Fifth and Sixth Circuits enjoined the new Title IX regulations in their entirety. These courts declined to sever three provisions that injure the plaintiff ...

I wanted to offer a few additional thoughts on the severability argument, supplementing Lyle’s recap. I agree with Lyle that the Justices seemed to find all the available options unappetizing in ...

Professor John C. Harrison of the University of Virginia School of Law has submitted an interesting amicus brief in Seila Law LLC v. Consumer Financial Protection Bureau, the blockbuster case before ...

Abbe R. Gluck is a professor of law and faculty director of the Solomon Center for Health Law and Policy at Yale Law School. What is the Supreme Court to do with the rest of a statute when it finds ...

From the archives: A guide to severability and the individual mandate. Several state legislators have reached out to me recently with questions about the nature of severability and Obamacare. Since ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Democrats, since Amy Coney Barrett was announced as the Supreme Court nominee, have hammered the message that if she is confirmed she could be the deciding vote in California v. Texas, a ...

The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”) is looking alive and well after last week’s Supreme Court oral argument on the Affordable Care Act (“ACA”). If you didn’t realize ...

Billboard companies have been persistent in challenging local zoning ordinances dealing with signs for many years now. In a case decided August 10, 2023, the Sixth Circuit Court of Appeals ruled in ...

On Day Three of arguments about the constitutionality of the Affordable Care Act, the Supreme Court turned its attention to the question of severability. Should the Court find that the ACA's minimum ...