Analysis

ACA Case Places Age-Old Legal Doctrine In Spotlight

Law360 (July 11, 2019, 9:09 PM EDT) -- The notion that the Affordable Care Act must fall if its insurance-purchasing requirement falls ignores a well-settled legal doctrine intended to prevent courts from doing lawmakers' work, a legal scholar said after this week's arguments in the ACA lawsuit before the Fifth Circuit.

The severability doctrine, which directs courts that invalidate one section of a law to uphold the rest, has deep roots in American jurisprudence and fans of all ideological bents, and the red states' argument Tuesday essentially disregarded it, Yale Law School professor Abbe Gluck told lawmakers.

Gluck told a U.S. House committee Wednesday that legal scholars on the...

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