25 U.S.C. § 2721
Severability
In the event that any section or provision of this chapter, or amendment made by this chapter, is held invalid, it is the intent of Congress that the remaining sections or provisions of this chapter, and amendments made by this chapter, shall continue in full force and effect.
Notes of Decisions
Cited in 7
cases, 1989–2017 · leading case: Pueblo of Pojoaque v. New Mexico, 233 F. Supp. 3d 1021 (D.N.M. 2017).
Pueblo of Pojoaque v. New Mexico, 233 F. Supp. 3d 1021 (D.N.M. 2017). “See 25 U.S.C. § 2721 . Section 2721 provides: “In the event that any section or' provision of this chapter .”
New Mexico v. Dep't of the Interior, 854 F.3d 1207 (10th Cir. 2017). “See 25 U.S.C. § 2721 . As a preliminary matter, the Tribe asks that, if we find that Congress would not have passed IGRA in the absence of the ability to subject states to suits brought by tribes, we should engage in an elaborate editing of IGRA such that the Part 291…”
Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016). “See 25 U.S.C. § 2721 . The Supreme Court has indicated that “the inclusion of such a clause creates a presumption that Congress did not intend the validity of the statute in question to depend on the validity of the constitutionally offensive provision.”
UNITED STATES of Am., Plaintiff-Appellee, v. THE SPOKANE TRIBE OF INDIANS, Defendant-Appellant, 139 F.3d 1297 (9th Cir. 1998). “See 25 U.S.C. § 2721 . This creates a presumption that if one section is found unconstitutional, the rest of the statute remains valid.”
United States v. Burns, 725 F. Supp. 116 (N.D.N.Y. 1989). “In any event, the IGRA contains a savings provision, codified at 25 U.S.C. § 2721 , which provides that “[i]n the event that any section or provision of this chapter, or amendment, made by this chapter, is held invalid, it is the intent of Congress that the remaining sections or…”
New York v. Oneida Indian Nation of New York, 78 F. Supp. 2d 49 (N.D.N.Y. 1999). “See 25 U.S.C. § 2721 . Thus, a presumption arises in favor of severability.”
New Mexico v. Dep't of the Interior, 269 F. Supp. 3d 1145 (D.N.M. 2014). “Since IGRA has a severability clause, 25 U.S.C. § 2721 , there is “a presumption that- Congress did not intend the validity ,of [IGRA] to depend on the validity of the constitutionally offensive provision.”
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