If Congress included a severability clause
, would it have
59) Moreover, because Alaska Airlines adopted a presumption of severability, and the absence of a severability clause
does not affect that presumption, it is unclear what work, if any, the insertion of a severability clause
in a statute does.
that the lack of a severability clause
does not create a presumption
Of course, courts can disregard such severability clauses
Most often, a severability clause
is written into a law so that intent is clear.
A successful challenge to the legitimacy of the board, combined with the lack of a severability clause
, could potentially bring about the demise of the entire Sarbanes-Oxley Act and the investor protections it sought to establish.
Furthermore, the severability clause
allowed him to perform emergency services within the area; and the employer was allowed to stipulate that the employee could treat certain cases within the prohibited area.
Such a severability clause
will protect innocent defendants in the event that several individual insureds are named defendants in a lawsuit arising out of one individual's fraudulent or dishonest acts.
After quoting a severability clause
applicable to the statute, (120) the Court of Appeals held that the exemptions for homeowners and property owners associations did "not affect the other provisions of the act"--those under which the defendant had been convicted--and severed them from the statute.
The ballot measure has a severability clause
, meaning restrictions on small donors would survive if the court overturned restrictions on wealthy donors.
The essence of the suit is that by having the members of the Public Company Accounting Oversight Board appointed by the Securities and Exchange Commission, SOX violates the Constitution's appointments clause, if the courts agree, the whole law would fall because it lacks a severability clause
A severability clause
expresses the drafters' intent to preserve parts of a campaign finance law that are found constitutional even if other parts are invalidated.