4 U.S.C. § 125 — Nonseverability

submitted 26 years ago by Pub. L. 106-252 to r/title-4-FLAG-AND-SEAL-SEAT-OF-GOVERNMENT-AND-THE-STATES · 68 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court can strike down sections 116 through 126 of this title. This happens if a final federal-law ruling, with no more appeals left, seriously weakens those sections. Then all of sections 116 through 126 become invalid immediately, as of that ruling's date.

This section says sections 116 through 126 of this title rise or fall together. If a court with proper authority ("competent jurisdiction") issues a final judgment that meets three conditions, then all of sections 116 through 126 become invalid and have no legal effect, starting on the date of that judgment. The three conditions are: (1) the judgment is based on federal law; (2) it can no longer be appealed; and (3) it substantially limits or impairs the essential elements of sections 116 through 126.

the actual law source: uscode.house.gov ↗public domain

If a court of competent jurisdiction enters a final judgment on the merits that—

(1)

is based on Federal law;

(2)

is no longer subject to appeal; and

(3)

substantially limits or impairs the essential elements of sections 116 through 126 of this title,

then sections 116 through 126 of this title are invalid and have no legal effect as of the date of entry of such judgment.

Source credit: (Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 632.)

history & why it existsrecord from the source credit

2000Enacted · Pub. L. 106-252 · 114 Stat. 632

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-252 on 2000-07-28.

all 0 arguments · sorted by: best

no arguments yet — make the first case