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"Deregulation and Judicial Review". Harvard Law Review. 98 (3): 505– 591. doi:10.2307/1340869. JSTOR 1340869. Gely, Rafael; Spiller, Pablo T. (1990). "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases". Journal of Law, Economics, and Organization. 6 (2): 263– 300. JSTOR ...
Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits habeas corpus judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution.
The U.S. Court of Appeals for the D.C. Circuit agreed in a 2-1 decision, [61] on February 20, 2007, [62] which the U.S. Supreme Court initially declined to review. The U.S. Supreme Court then reversed its decision to deny review and took up the case in June 2007.
Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
Two landmark decisions by the U.S. Supreme Court served to confirm the inferred constitutional authority for judicial review in the United States. In 1796, Hylton v. United States was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress , the Carriage Act of 1794 which imposed a ...
Atlas Roofing Company, Inc. v. Occupational Safety and Health Review Commission, 430 U.S. 442 (1977), was a United States Supreme Court decision in administrative law.The decision held that the Seventh Amendment to the US Constitution did not require a jury trial to enforce the civil penalties for violating a federal "public rights" statute, allowing enforcement by an administrative agency.
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The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...