inclusion of a severability clause (Tennessee) · Go Syfert
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inclusion of a severability clause in Tennessee

7 Tennessee opinions name it 3 courts 1985–2016 0 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Gibson County Special School District v. Palmergreen
tenn · 1985 · cited in 3 Tennessee opinions naming this issue, 1991–1994
2 sentences

1994Id. at 551 (internal citations and quotations omitted).

1994Id. at 551 (internal citations and quotations omitted).

23
Lowe's Companies, Inc. v. Cardwellgreen
tenn · 1991 · cited in 1 Tennessee opinions naming this issue, 1997–1997
2 sentences

1997Our supreme court noted in Lowe’s Companies Inc. v. Cardwell, 813 S.W.2d 428, 430 (Tenn. 1991), that “a court may, under appropriate circumstances and in keeping with the expressed intent of a legislative body, elide an unconstitutional portion of a statute and find the remaining provisions to be constitutional and effective.” The supreme court further noted that the expressed intent of the legislative body should appear on the face of the statute, and the supreme court determined that the inclusion of a severability clause is evidence of the legislature’s expressed intent.

1997Lowe’s Companies, Inc., 813 S.W.2d at 431 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Catlett v. State green
tenn · 1960
2 sentences

1994Cat- lett v. State, 207 Tenn. 1 , 336 S.W.2d 8 (1960).

1994Cat- lett v. State, 207 Tenn. 1 , 336 S.W.2d 8 (1960).

31985–1994
Memphis Planned Parenthood, Inc. v. Donald Sundquist, Governor of the State of Tennessee, and John Knox Walkup, Attorney General green
ca6 · 1999
1 sentence

2016Memphis Planned Parenthood, Inc., 175 F.3d at 466 . ―The inclusion of a severability clause in the statute has been held by this Court to evidence an intent on the part of the legislature to have the valid parts of the statute in force if some other portion of the statute has been declared unconstitutional.‖ Gibson Cty.

12016–2016

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 1-3-110 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 7 (1985–2016) NC 5 (1998–2023) AL 4 (1987–2015) MT 3 (1993–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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