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Severability

Trump v Slaughter | NA

Nondelegation

Can Trump v. Slaughter be Used to Challenge the Continued Legality of Executive Agencies Congress Intended to be Independent?

If the laws requiring such agencies to be independent are unconstitutional, it may be that very existence of those agencies is also now illegal.

Ilya Somin |The Volokh Conspiracy | 6.29.2026 6:10 PM

Severability

A Draft of "Severability First Principles" is Now Available

Will Baude |The Volokh Conspiracy | 3.29.2022 6:56 AM

Supreme Court

Last Week's Podcasts

Episodes on severability, and Brnovich v. DNC

Will Baude |The Volokh Conspiracy | 7.18.2021 10:11 PM

Supreme Court

Cheerleaders and Property Owners Prevail in the Supreme Court (Updated)

Today produced one of the Supreme Court term's few true conservative-liberal splits, and showed additional signs of a generational divide on criminal law.

Jonathan H. Adler |The Volokh Conspiracy | 6.23.2021 10:46 AM

SupremeCourt3 | NA

Supreme Court

Today's Interesting SCOTUS Line-Ups and What They Do (or Don't) Reveal

The Supreme Court gave us one unanimous opinion and two messes, one larger than the other.

Jonathan H. Adler |The Volokh Conspiracy | 6.21.2021 12:23 PM

Affordable Care Act Obamacare Ruling | Zimmytws/Dreamstime.com

Affordable Care Act

Three Years of Commentary on California v. Texas

An index of my writings on what may be the last major Obamacare case to get to the Supreme Court.

Ilya Somin |The Volokh Conspiracy | 6.19.2021 10:55 AM

Affordable Care Act

Would Justice Alito Have Struck Down the GOP Obamacare Replacement?

The logic of Justice Alito's California v. Texas dissent would apply equally to the Affordable Care Act replacement Republicans tried to pass.

Jonathan H. Adler |The Volokh Conspiracy | 6.18.2021 2:17 PM

Affordable Care Act

Three Years Worth of Blogging on California v. Texas

A handy index of my writing on this improbable ACA challenge.

Jonathan H. Adler |The Volokh Conspiracy | 6.17.2021 11:33 PM

Affordable Care Act Obamacare Ruling | Zimmytws/Dreamstime.com

Affordable Care Act

My Washington Post Op Ed on Today's Supreme Court Obamacare Decision

The article explains the Court's ruling, and why the plaintiff states deserved to lose on the main issue.

Ilya Somin |The Volokh Conspiracy | 6.17.2021 6:16 PM

Obamacare

Obamacare

Preliminary Thoughts on California v. Texas

The Supreme Court ruled the right way, but arguably for the wrong reason.

Ilya Somin |The Volokh Conspiracy | 6.17.2021 1:34 PM

Severability

"Retroactive" Liability after Barr v. AAPC

Judge Stephanos Bibas "does not see how" he can follow the plurality opinion

Will Baude |The Volokh Conspiracy | 4.20.2021 1:20 PM

Obamacare

Affordable Care Act

Audio of my Recent Federalist Society Teleforum on the Supreme Court Oral Argument in California v. Texas - the Obamacare "Severability" Case

It is now available online for free.

Ilya Somin |The Volokh Conspiracy | 11.24.2020 4:27 PM

Affordable Care Act

ACA: The Lay of the Land

Where things stand after oral argument.

Stephen E. Sachs |The Volokh Conspiracy | 11.13.2020 7:32 AM

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