Repudiating the doctrines of avoidance and severability
would better equip the Court to defend its decisions in controversial statutory cases as grounded truly in principle.
If for no other reason than that the Supreme Court did not adequately address the principle of the 'severability
' of arbitration clauses (which means an arbitration clause will survive even if the underlying agreement is void).
'It (the notice) warrants severability
, was wrongly issued in its present form whether in the Bahasa Malaysia version or the English version, notwithstanding and yet acknowledges the marked difference between the two,' Nambiar said.
The court also ruled that this result was not unsettled by the policy's inclusion of a severability
clause, concluding that to determine otherwise would render the "any insured" exclusion meaningless.
In cases involving partially defective warrants, many jurisdictions, including Missouri, use some form of the severability
test developed first by the U.S.
"Given the murkiness of divining legislative intent in harder cases like the ACA, challenges to the individual mandate, past and present, it's better to conclude that, although several different severability
settings are hypothetically conceivable, it remains all but certain that an ultimate Supreme Court ruling in this case will, at a minimum, follow its previous inclinations revealed in the 2012 and 2015 ACA challenges and try to save as much of the law as possible."
I filed an amici brief with colleagues on the severability
issue in NFIB v.
We strongly disagree with the ruling and urged the court not to accept the plaintiff's severability
argument in an amicus brief filed earlier this year along with other national organizations representing hospitals and health systems.
Thirdly, Article 6 of the UAE Arbitration Law recognises the severability
of arbitration agreements.
addresses three issues: standing, constitutionality of the individual mandate, and a legal principle called severability
6 that is, should the rest of the ACA stand if the individual mandate is held to be unconstitutional.
"Chief Justice Roberts could save [the ACA] one more time, but I could see [Justice] Kavanaugh voting to uphold the ACA as the question would likely be a question of severability
of the individual mandate from the rest of the ACA, and I can see [Kavanaugh] holding it severable," he said.