The entire state’s elections wouldn’t vanish overnight because the non-severability provision would also apply to the part of the comprehensive election reform law that repealed the prior election law.
The statement that courts ignore severability is also absolutely wild, considering severability questions have been a major part of many Supreme Court cases (which is relevant, considering your example related to Congress). I’m not going to go trawling for more, but off the top of my head, this was the case for the NFIB case upholding Obamacare and the Reno case that effectively created the modern Internet by invalidating almost all of the Communications Decency Act.
I’d also agree with @anti_dan that it is reprehensible behavior even if it were true, so it shouldn’t matter if it is truly some norm amongst judges, as you claim.
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The entire state’s elections wouldn’t vanish overnight because the non-severability provision would also apply to the part of the comprehensive election reform law that repealed the prior election law.
The statement that courts ignore severability is also absolutely wild, considering severability questions have been a major part of many Supreme Court cases (which is relevant, considering your example related to Congress). I’m not going to go trawling for more, but off the top of my head, this was the case for the NFIB case upholding Obamacare and the Reno case that effectively created the modern Internet by invalidating almost all of the Communications Decency Act.
I’d also agree with @anti_dan that it is reprehensible behavior even if it were true, so it shouldn’t matter if it is truly some norm amongst judges, as you claim.
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