“A scalpel rather than a bulldozer”: Severability is in the spotlight as the newest ACA challenge looms - SCOTUSblog
This fall, in the newest challenge to the Affordable Care Act, the Supreme Court may need to decide if the insurance-purchase mandate can be severed without taking down the entire law. Severability doctrine is complicated.
Professor @AbbeGluck makes it easier to understand.
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 one provision unconstitutional? That is the question a long-out-of-the-limelight doctrine -- the “s