Monday audio. Double session tomorrow. Mootness papers due tomorrow. I will get argument assignments at the start of class tomorrow. The sections on Abstention (statutory and Colorado) will be combined for purposes of papers; you can write on either section (including the stuff we covered only in cursory fashion, although you must get beyond the broad picture) and all will be due the day of arguments.
What are the factors to balance for international comity abstention? How can both sides (the party seeking abstention and the party opposing abstention) use Colorado? What is international comity abstention?
What should happen in the following case:
A, a US citizen, sues X, a Japanese citizen, in federal court on an antitrust claim; the court enters judgment for A and awards $ 10 million dollars.
X sues A in a Japanese court under Japan's "clawback" statute, which allows a Japanese citizen to recover under Japanese law the amount owed on a federal antitrust judgment.
A asks the federal court to enjoin X from proceeding with the Japanese action. Can it issue the injunction and why? What different approaches might the court take, considering abstention and § 2283?
Move to Congressional Control: When Does Congress Decide a Case. Please have all statutory provisions in class. In addition to the listed provisions, look at § 324 of the 2023 debt ceiling bill (p.39 of document), the No Kings Act, the Congressional Accountability for Judicial Activist Act, and Title II of the Constitution Restoration Act and consider their validity under Klein . What proposition(s) does Klein stand for? Consider whether there are Klein problems in Bank Markazi, Patchak, the Protection of Lawful Arms in Commerce Act, and the two provisions above? What if Title II of the Constitution Restoration Act applied to statutory claims? Was there a Klein problem in Plaut? What is the distinct constitutional principle the Court adopted there? What makes a law retroactive and what limits are there on retroactivity?
