While it may appear that the solution requires only the simple fix of the trial court judge substituting the 10-2 vote requirement for the jury's final recommendation to impose death with a unanimous vote requirement, the plurality disregards this court's longstanding precedent on severability
, which precludes the judiciary from rewriting legislation.
Determining Which Aspects of Severability
of the insured is usually carried over from the nonrestricted policy format, where it's defined to not increase the limit of liability.
This statute provides that if a bill lacks a severability
clause, it should be treated as if it contains a clause saying that if any provision of the bill is invalidated the remainder of the act is unaffected.
doctrine governs this determination/While severability
of statutes is often discussed as an all-or-nothing proposition, with commentators focusing on whether statutory remainders should be saved or struck in their entirety, (2) there are, in fact, three possible outcomes.
doctrine was reaffirmed in the Florida case of Buckeye Check Cashing, Inc.
OF THE EXCLUSIONS: Such a provision states that if the conduct of one insured implicates an exclusion (for example, the illegal personal profiting exclusion) then while coverage will be denied to that individual insured, coverage for the other insureds will not be negatively impacted.
To read the oral argument relating to the severability
issues, click here.
an overview of severability
precedent, discusses severability
The Eleventh Circuit also ruled, curiously, that despite the absence of a severability
clause in the law, the rest of the law could be implemented without the individual mandate component.
The American Hospital Association [with others] already has submitted two briefs, one on the question of severability
and one on the question of the minimum coverage requirement.
That's because the healthcare law lacks a severability
clause that would maintain the law's overall validity if the individual mandate requirement gets overturned.