When a federal law has no severability clause, Justice Brett Kavanaugh said in a ruling Monday, there is a "strong" presumption of that the unlawful part be removed without disturbing the entirety of ...

Recent hearings in Virginia regarding the commonwealth’s case against the individual health insurance mandate in President Barack Obama’s health care reform raised important questions hinging on the ...

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 ...