Bank Markazi and the Undervaluation of Legislative Generality

9 Pages Posted: 25 May 2016 Last revised: 21 Sep 2016

See all articles by Evan C. Zoldan

Evan C. Zoldan

University of Toledo College of Law

Date Written: September 14, 2016

Abstract

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

Suggested Citation

Zoldan, Evan Craig, Bank Markazi and the Undervaluation of Legislative Generality (September 14, 2016). Yale Law & Policy Review, Vol. 35, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2784239 or http://dx.doi.org/10.2139/ssrn.2784239

Evan Craig Zoldan (Contact Author)

University of Toledo College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States

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