How this document has been cited
A severability clause "provides a rule of construction which may sometimes aid in determining that intent. But it is an aid merely; not an inexorable command."
- in Inganamort v. Borough of Fort Lee, 1977 and 72 similar citations
But a provision, inherently unobjectionable, cannot be deemed separable unless it appears both that, standing alone, legal effect can be given to it and that the legislature intended the provision to stand, in case others included in the act and held bad should fall.
- in City of Hammond v. HERMAN & KITTLE PROP., 2018 and 53 similar citations
While we have jurisdiction of the issue, we deem it appropriate that we should leave the determination of the question to the state court.
- in Louis K. Liggett Co. v. Lee, 1933 and 31 similar citations
Some years ago this Court struck down as unconstitutional state statutes making arbitration of labor disputes mandatory.
- in Steelworkers v. United States, 1959 and 32 similar citations
In other words, for determining legislative intent, the severability clause "is an aid merely; not an inexorable command."
- in Gannon v. State, 2016 and 30 similar citations
As the question of separability was a state question, the decision of that court thereon is conclusive here.
- in Chas. Wolff Packing Co. v. Court of Industrial Relations of Kan., 1925 and 24 similar citations
A statute bad in part is not necessarily void in its entirety. Provisions within the legislative power may stand if separable from the bad
- in Barr v. AMERICAN ASSN OF POLITICAL CONSULTANTS, 2020 and 22 similar citations
To determine that the statute shall be allowed to stand, the court must find, that standing alone, legal effect can be given to the parts which are constitutional, and that the legislature intended that statute to be severable.
- in Record Revolution No. 6 v. City of Parma, Ohio, 1980 and 15 similar citations
The right of workers, parties to a labor dispute, to strike and picket peacefully to better their condition does not infringe any right of the employer.
- in Senn v. Tile Layers, 1937 and 17 similar citations
Whether the severability clause would be so applied as to remove this particular constitutional objection is a question which may be more appropriately left for adjudication by the Oklahoma court.
- in Skinner v. Oklahoma ex rel. Williamson, 1942 and 20 similar citations
Cited by
378 US 226 - Supreme Court 1964
173 NW 2d 431 - ND: Supreme Court 1969
43 BR 289 - Bankr. Court, SD California 1984
724 F. 2d 1247 - Court of Appeals, 7th Circuit 1983
550 P. 2d 779 - Nev: Supreme Court 1976
252 F. Supp. 641 - Dist. Court, MD Tennessee 1966
34 F. 2d 753 - Circuit Court of Appeals, 8th Circuit 1929
273 US 126 - Supreme Court 1927
272 US 306 - Supreme Court 1926
140 S. Ct. 2335 - Supreme Court 2020