When a federal law has no severability clause, Justice Brett Kavanaugh said in a ruling Monday, there is a "strong" presumption of that the unlawful part be removed without disturbing the entirety of ...

Recent hearings in Virginia regarding the commonwealth’s case against the individual health insurance mandate in President Barack Obama’s health care reform raised important questions hinging on the ...

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 ...

For several years, I have been thinking about the doctrine of severability -- what happens when courts conclude that a part of a law is unconstitutional? I have come to believe that this is ...