As we’ve learned over these past few days, Amy Coney Barrett has a treasure trove of knowledge when it comes to the law.
On Wednesday morning, one of her answers was so good that it left Dianne Feinstein smiling and saying she is “very impressed”.
When Feinstein brought up the topic of severability, Barrett responded with this incredible answer:
I think the doctrine of severability as it’s been described by the court serves a valuable function of trying not to undo your work when you wouldn’t want a court to undo your work. Severability strives to look at a statute as a whole and say would congress have considered this provision so vital that like in a jenga game – pulling it out – congress wouldn’t want the statute anymore. So it is designed to effectuate your intent, but severabililty is designed to say well would congress still want this statute to stand even