an unanticipated consequence of
Jack M. Balkin
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman marty.lederman at comcast.net
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at princeton.edu
Rick Pildes rick.pildes at nyu.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Let's see. In this legislation we've got violations of the US Constitution as it applies to US citizens if not also aliens; we've got congressional statutes pretending to overturn US international treaty obligations; and oh yeah...
Doesn't the constitution require bills to originate in the House, then move to the Senate? Seems like a small (or maybe not so small) detail, past precedent notwithstanding and all that, but...
I need to read the passed version; though in drafts it seemed challenges are applicable only after sentencing by a commission, provided the sentence is published instead of kept as a state secret, in part.
Parallel topic: wondering if there are available documents in the DoJ's appeal in federal court in Cincinnati following the 7-day reprieve issued Thursday in Detroit by AD Taylor. The House sent to the Senate Friday HR5825 (Wilson-R, NM), though it will languish there until the recess is over. I found an interesting rebuttal of the conflict charge in that case clarifying the judge's relevant civic involvements. The 6th court site, to my search, had no record of an appeal recorded as of Friday.
Here is my analysis of the CYA clause of the MCA. It’s a bit tedious, but it’s intended as a starting point for others. I have neither the time nor the training to follow it up. Suffice it to say, I found and have laid out three possible lines of attack, and I suspect that there are others.