Under what circumstance can the Severance remedy be applied?

The severance remedy is applied when only part of a statute is found to be invalid or unconstitutional, allowing the remainder of the statute to stand and remain in effect. In this context, the correct scenario is when only specific provisions of a law impact a certain jurisdiction, while the remaining portions of the statute can operate independently.

In using the severance remedy, the courts will analyze the statute to determine whether it is possible to separate the unlawful part from the valid parts without undermining the overall intent and purpose of the legislation. If only a segment of the statute is detrimental to a particular jurisdiction but does not affect the validity of the remaining provisions, the courts can retain the lawful sections and strike down only the problematic part.

The other options do not accurately reflect when severance is applicable. If an entire law is deemed invalid due to one issue, then the remedy would not apply, as severance cannot save the entire statute. When all parts of a law serve the same legislative purpose, it may not be possible to separate valid provisions from invalid ones, which contradicts the rationale for severance. Finally, if a statute must be completely rewritten for application, that typically indicates that severance is not feasible, as the court would not be able to salvage any