Section 125 · Nonseverability

Amended 1 time on record

Applied in 2 court decisions — leading case Barr v. American Assn. Of Political Consultants, Inc. (2020)

Most recently applied in Collins v. Yellen (June 2021)

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.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Effective Date; Application of Amendment

Section effective July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.