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Appendix: Draft Legislation
A BILL
To amend chapter 8 of title 5, United States Code, to provide for congressional approval and statutory authorization of agency rules, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Can habeas corpus cases proceed as class actions? The Supreme Court has never squarely answered that question, even in cases where lower courts certified habeas classes. But the Trump Administration’s wholesale push to expel noncitizens has forced the question to the center of modern civil rights litigation. And at least two Justices have expressed deep skepticis...
The compactness requirement has become a rule without a ruler. To curb gerrymandering, many state and local laws require electoral districts to be compact. Yet courts — faced with uncertainty over how to measure compactness and what level of compactness is sufficient — have shied away from developing workable standards to assess and enforce those compactness requirements. Rec...
While it is well established that a finding of viewpoint discrimination suffices to hold government regulation of speech unconstitutional in nonschool contexts, the interaction between viewpoint discrimination and the regulation of student speech in schools remains a highly uncertain area of the law. Recently, in Defending Education v. Olentangy Local School District Boar...
Justice Gorsuch, writing for the majority in Whole Woman’s Health v. Jackson, made two bold immunity claims: that state court judges possess sovereign immunity and that the “traditional exception” to sovereign immunity recognized in Ex parte Young does not apply to the “machinery” of state courts. While the Court described these claims as though they were no...