Only if you ignore or strike down 52 U.S.C. § 30121(b)(2) AND 22 U.S.C. § 611(b)(2)-(3). @VolokhChttps://twitter.com/rickhasen/status/889512642758418432 …
b(2) does not come into play in a Don Jr. prosecution and focus on b(1) solves overbreadth problem
-
-
If I were Don Jr's lawyer, I'd be VERY happy if the govt conceded it had to prove (b)(1)/(b)(1). But overbreadth deals with whole breadth.
-
Not according to overbreath expert Dick Fallon http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1031&context=californialawreview …pic.twitter.com/onCIweg1Uw
-
He's citing cases that didn't even question separate parts of a statute. Look at overbreadth cases, eghttps://supreme.justia.com/cases/federal/us/559/460/opinion.html …
-
The argument you're making about 22 U.S.C. § 611(b) would divide up the *definitional* section of that statute.
-
I've gone back to Part IV.B of the Fallon article, which makes clear that if there are logical divisions for severability, no facial attack
-
Severability when court "can identify a particular, precise way of severing the statute that cures the defect of substantial overbreadth"
-
While I think we can agree that severability doctrine is a mess, it's a heavy lift to sever pieces of a definitional section like 611(b).
-
not a heavy lift at all. easily separate foreign governments from everyone else.
End of conversation
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.