Monday, November 13, 2023

For Next Class

Monday audio. Abstention II papers due next Monday.

We continue with Congress Decides a Case. Can Congress tell the courts how to interpret statutes, including by requiring or prohibiting, e.g., resort to canons of construction or use of legislative history? What can Congress do or not due under Klein, as we now understand it? What result and why in Robertson, Bank Markazi, and Patchak? What about the Protection of Lawful Commerce in Arms Act? What about § 324 of the 2023 debt ceiling act (begins on p.39)? What about the Congressional Accountability for Judicial Activism Act of 2005 (on the Additional Materials) post? How does judicial departmentalism affect how we understand that statute? What is the law and principle from Plaut and how does it relate to and differ from Klein? How does the law in Plaut differ from FRCP 60(b)'s grounds for granting relief from a judgment?