Monday audio. Mootness papers next Monday.
We continue with Abstention. Sections 7421 and 1341 refer to "taxes." As opposed to what and how do we know the difference? We then turn to the judge-made abstention doctrines; our focus will be on Colordado, International Comity, and Burford. I will give a brief overview of Younger and Pullman; we go into greater detail on those in Civil Rights (because both arise in constitutional litigation).
We then turn to Congressional Control. For tomorrow, do the reading in both Chemerinsky and Pfander focusing on Klein, Plaut, and the other cases, along with the PLCAA. Be ready to discuss the following:
• What principles does Klein stand for? What does it mean for Congress to "decide" a case and when does Congress not decide a case but instead do something permissible?
• What makes a law retroactive? What constitutional limits on retroactivity are there (see Art. I §§ 9 and 10)?
• What might it mean for Congress to tell the Court what the Constitution means?
• Is the PLCAA constitutionally valid under Klein?
