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 ...

In two previous posts here and here, Josh Blackman and I contended that Judge O'Connor's conclusion that the individual insurance mandate is unconstitutional is correct. In our view, the Supreme Court ...

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 ...

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 ...