"Whether the provision itself will survive was unclear [at oral argument], but at least five members of the court appeared inclined to leave the bulk of the law intact while likely employing the legal doctrine known as severability. 'It does seem fairly clear the proper remedy would be to sever the mandate provision and leave the rest of the law in place,' Justice Brett Kavanaugh said[.]" [California v. Texas, No. 19-840; Texas v. California, No. 19-1019 (cert. pet. granted Mar. 2, 2020; oral arg. Nov. 10, 2020)]  MORE >>