What should the Supreme Court do when it finds one provision of a statute unconstitutional? There is a significant split between current Justices on the question where Congress has not provided express instructions on severance within the statute. Several believe the Court should save the rest of the statute, while others have expressed skepticism towards this practice.
This distinguished panel will explore the foundations of the severability doctrine and the authority of Article III judges in such cases. Panelists will offer their differing views of severability and discuss where the doctrine may be headed.
Featuring:

Prof. William Baude, Professor of Law, University of Chicago Law School
Prof. Josh Blackman, Professor of Law, South Texas College of Law Houston
Erin M. Hawley, Senior Legal Fellow, Independent Women's Law Center
Prof. Kevin C. Walsh, Assistant Professor, University of Richmond School of Law
Moderator: Megan L. Brown, Partner, Wiley

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.