severability

Arguments before the Supreme Court will focus on whether or not the individual mandate that requires all Americans to purchase health care insurance starting in 2014 is constitutional; if the mandate is struck down whether the rest of the law can remain in effect this is called the "severability" issue; whether ACA's enactment of provisions relating to increased burdens upon the states in the expansion of Medicaid program is lawful; and whether the Supreme Court even has the authority to hear all the issues in the first instance because of a federal law called the Anti-Injunction Act that precludes legal cases that challenge a tax without the tax first having been paid or, if not paid, the government coming after the taxpayer for what is due after the payment of it has come and gone.

Miles J. Zaremski: The Supreme Court and Health Care as a Right Miles J. Zaremski 2012

Some laws contain what's known as a severability clause that says the rest of the law stands should a judge strike down a piece of it.

Judge Rejects Health Law Janet Adamy 2011

At issue is the legal principle known as severability: Laws usually contain clauses holding that if one provision is invalidated on constitutional grounds, the rest stands.

Obama's Health Care Gamble Joseph Rago 2011

Taranto: Well, that's a third question that the Court is considering, what's called "severability."

President Gingrich? 2011

At issue is an obscure provision in the legislation — now pending before the state Senate — called a severability clause.

Mayor Sam's Hotsheet for Wednesday 2006

Neither the two parties suing the federal government -- the state of Virginia or Liberty University in Lynchburg, Va. -- nor the acting solicitor general arguing on the government's behalf -- Neal Katyal -- nor the three judges on the panel, addressed the idea of severability.

The Full Feed from HuffingtonPost.com The Huffington Post News Editors 2011

The Democrats saw this issue coming, which is precisely whey the drafters of the law declined to include a "severability" provision.

Howard Schweber: The Affordable Health Care Act: A Law Too Big to Fail? Howard Schweber 2011

Democrats intentionally left out a "severability" clause if one part of the bill was struck down, and the Administration repeatedly argued that the individual mandate was "essential" to the bill's goals and mechanisms and compared it to "a finely crafted watch."

The Constitutional Moment 2011

Democrats who drafted the law didn't include a "severability" clause, which would spell out that remaining parts of the law could stay intact should certain parts be struck down.

Judge Allows Challenge to Health-Coverage Mandate Janet Adamy 2010

Reformers did manage to insert a "severability" clause, meaning if one element of the bill is struck down by the courts, the rest will stand.

Capitol Letter: Congress Finally Gets Behind Real Reform 2007