42 U.S.C. § 1303
Separability
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby.
Notes of Decisions
Cited in 13
cases, 1937–2012 · leading case: Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012).
Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012). “But given the majority view, she agrees with THE CHIEF JUSTICE’s conclusion in Part IV–B that the Medicaid Act’s severability clause, 42 U. S. C. §1303 , determines the appropriate remedy.”
Califano v. Westcott, 443 U.S. 76 (1979). “The presence in the Social Security Act of a strong severability clause, 42 U. S. C. § 1303 , [8] likewise counsels against nullification, for it evidences a congressional intent to minimize the burdens imposed by a declaration of unconstitutionality upon innocent recipients of…”
Dep't of Health v. Off. of Open Records, 4 A.3d 803 (Pa. Commw. Ct. 2010). “3(e) or (f)” and "The Health Information Portability and Accountability Act of 1996, 42 U.S.C. § 1303 et. seq." (Letter from AORO, Patty Sheaffer, to Requester's Counsel (February 3, 2009) at 2-3, R.”
Westcott v. Califano, 460 F. Supp. 737 (D. Mass. 1978). “The severability clause of the Social Security Act, 42 U.S.C. § 1303 , provides: “If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other persons or…”
Stevens v. Califano, 448 F. Supp. 1313 (N.D. Ohio 1978). “42 U.S.C. § 1303 . 10 Justice Harlan noted that such a separability clause lends indirect support to extension of an underinclusive statute: While the necessary remedial operation, extension, is more analogous to a graft than amputation, I think the boundaries of permissible…”
Jablon v. Sec'y of Health, Educ. & Welfare, 399 F. Supp. 118 (D. Maryland 1975). “42 U.S.C. § 1303 provides: If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other *132 persons or circumstances shall not be affected thereby.”
Beeland Wholesale Co. v. Davis, 88 F.2d 447 (5th Cir. 1937). “Section 1103 ( 42 U.S.C.A. § 1303 ). There are appropriations in the act which this and other taxes laid in the act are probably intended to offset, but one is not made dependent on the other.”
Diaz v. Weinberger, 361 F. Supp. 1 (S.D. Fla. 1973). “” 42 U.S.C. § 1303 (1970). 23 . The touchstone of separability is, of course, Congressional intent.”
Chas. C. Steward MacH. Co. v. Davis, 89 F.2d 207 (5th Cir. 1937). “At the end is section 1103 ( 42 U.S.C.A. § 1303 ): “If any provision of this Act [chapter], or the application thereof to any person or circumstance, is held invalid, the remainder of the Act [chapter], and the application of such provision to other persons or circumstances…”
Davis v. Boston & M. R. Co., 89 F.2d 368 (1st Cir. 1937). “See section 1103 ( 42 U.S.C.A. § 1303 ). The tax should be sustained.”
Nat'l Fed'n of Indep. Bus. v. Sebelius (2012). “But given the majority view, she agrees with THE CHIEF JUSTICE’s conclusion in Part IV–B that the Medicaid Act’s severability clause, 42 U. S. C. §1303 , determines the appropriate remedy.”
Cimaglia v. Schweiker, 555 F. Supp. 710 (S.D. Fla. 1983). “Additionally, the presence of a strong severability clause, 42 U.S.C. § 1303 , 5 suggests extension of benefits to the excluded class, “for it evidences a congressional intent to minimize the burdens imposed by a declaration of unconstitutionality upon innocent recipients of…”
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