Severability and Article III Powers

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 SchoolProf. Josh Blackman, Professor of Law, South Texas College of Law HoustonErin M. Hawley, Senior Legal Fellow, Independent Women's Law CenterProf. Kevin C. Walsh, Assistant Professor, University of Richmond School of LawModerator: Megan L. Brown, Partner, Wiley* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.