Bank Markazi and the Undervaluation of Legislative Generality
9 Pages Posted: 25 May 2016 Last revised: 21 Sep 2016
Date Written: September 14, 2016
In its recent Bank Markazi opinion, the Supreme Court permitted Congress to direct judgment in favor of a particular party in a pending case. This Essay explains why the Court’s failure to invalidate targeted legislation is inconsistent with constitutional history, text, and widely held jurisprudential commitments.
Keywords: Constitutional Law, Legislation, Supreme Court, Klein, Rule of Decision, Legislative Generality
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