"Since the 'right to control' test is incorporated in the first prong of the statute, the practical effect of striking the statute if it were not severable
would be to eliminate the third prong, the so-called 'independent business' test.
Notably, since an arbitration clause is a contract severable
from the underlying agreement in which it is embedded, the rejection of the underlying agreement does not and cannot operate as a rejection of the arbitration clause, (152) which is to be rejected expressly and nominatively.
The German Constitutional Court has used declarations of incompatibility to remedy many cases that fall in the grey zone between unconstitutional provisions that are clearly severable
from their parent laws and unconstitutional provisions that render the entire law invalid.
Therefore, based upon this statutory exception, the military departments may use current funds to pay for a severable
services contract that extends into the next fiscal year so long as the contract does not exceed twelve months.
In reaction to the new language, Alaska's Attorney General ("A.G.") sent a memorandum to the governor's office on April 26, advising (1) that the contingency section was unconstitutional and unenforceable, and (2) that the non-severability section was void and severable
from the rest of the legislation.
(18) Alaska Airlines instructs courts to presume that unconstitutional provisions are severable
from statutes, so this framework is akin to a presumption of simple severability.
Its analysis began with the general standard for determining whether a contractual provision is severable
as set out in a 1953 case.
27, the parties, including the American Lung Association and Public Health Law Center, contend that the individual mandate requiring Americans to purchase insurance is severable
, meaning that if it is found unconstitutional, the rest of the law can remain.
But in the view of the requesting examiner, the tolling agreement is not severable
, and as such the tolling agreement is not a commodity under Sec.
By statute, (12,13) however, Congress now also allows the use of funds, "for procurement of severable
services for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed one year." (14) Severable
services are those that are routine, repetitious services that can be divided by fiscal years because they involve a series of services such as janitorial work or grounds maintenance.
If the High Court rules that the individual mandate is unconstitutional, but holds that the provision is severable
from the rest of the Patient Protection and Affordable Care Act (PPACA,) this action would create the most negative credit impact on health insurers of any likely scenario, Moody's warned.
The care and commitment of our agencies is deeply rooted in our faith and something we do not believe simply is severable
in order to remain in a position to partner with government."