Scalia: SCOTUS Often Ignores Congressional Intent For Severability

Scalia: SCOTUS Often Ignores Congressional Intent For Severability

JUSTICE SCALIA: Mr. Clement, I want to ask you about that. Why — why do we look to the — are you sure we look to the intent of the Congress? I thought that, you know, sometimes Congress says that these provisions will — all the provisions of this Act will be severable. And we ignore that when the Act really won’t work. When the remaining provisions just won’t work. Now how can you square that reality with the proposition that what we’re looking for here is what would this Congress have wanted?

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