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 ...

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and ...

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 ...

Upholding an arbitration agreement with multiple unconscionable terms would incentivize an employer to draft a one-sided arbitration agreement in the hopes that employees would not challenge the ...

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 ...

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 ...

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 ...

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 ...

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