If you experience any technical difficulties with this video or would like to make an accessibility-related request, please send a message to [email protected]. Donald Elliott proposed a Chevron-style deference framework for administrative severability clauses. Under this framework, after a reviewing court has set aside a challenged regulatory provision, the court should defer to a promulgating agency’s opinion on severability as expressed through a severability clause, unless the remainder of the rule itself would suffer from legal defects resulting from the court’s invalidation of the challenged provisions. This framework would better promote the overarching goals of administrative law than do current judicial doctrine and agency practice.