When the Supreme Court holds that a particular section within a statute is invalid or unenforceable, it typically performs a severability analysis to determine whether the rest of that statute must be declared invalid or enjoined, as well.  As Justice Thomas laments in his concurrence in Murphy v. NCAA, the Court’s severability doctrine “requires judges […]

I am delighted to have the privilege of joining the JREG Notice & Comment Blog as a contributor.  I’ve learned a lot from reading the blog over the years, and am excited to be able to contribute to these fascinating discussions.  For my inaugural post, I will critique an injunction that a federal district court […]