Legal Opinion

Barr v. American Assn. of Political Consultants, Inc.

Supreme Court of the United States

Decided July 6, 2020No. 19-631PublishedCited by 255 opinions

1Opinion of the Court

B

Plaintiffs next focus on ordinary severability principles. Applying those principles, the question before the Court is whether (i) to invalidate the entire 1991 robocall restriction, as plaintiffs want, or (ii) to invalidate just the 2015 government-debt exception and sever it from the remainder of the statute, as the Government wants.

We agree with the Government that we must invalidate the 2015 government-debt exception and sever that exception from the remainder of the statute. To explain why, we begin with general severability principles and then apply those principles to this case.

1

When…

Also in this document: Concurring in the judgment; Concurring in part, dissenting in part.

2Cases cited52 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Miller v. CaliforniaSupreme Court of the United States · 1973
  5. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983

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3Cited by255 opinions

  1. Speech First, Incorporated v. Gregory FenvesCourt of Appeals for the Fifth Circuit · 2020
  2. Robert W. Otto v. City of Boca Raton, FloridaCourt of Appeals for the Eleventh Circuit · 2020
  3. Hood v. American Auto CareCourt of Appeals for the Tenth Circuit · 2021
  4. Brokamp v. JamesCourt of Appeals for the Second Circuit · 2023
  5. Matthew Dickson v. Direct Energy, LPCourt of Appeals for the Sixth Circuit · 2023

250 more not listed; retrieve them via the Exa API.

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