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 …
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
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Severability when court "can identify a particular, precise way of severing the statute that cures the defect of substantial overbreadth"
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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).
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not a heavy lift at all. easily separate foreign governments from everyone else.
End of conversation
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