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Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case? (open access)

Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case?

This report discusses the Supreme Court case of "Patchak v. Zinke" and its relevance to Congress. It begins by briefly describing the Court's prior attempts to demarcate the boundaries of Congress's power to take cases away from the federal judiciary. It then discusses the facts and opinions in Patchak and analyzes the effect Patchak may have on Congress's legislative objectives.
Date: March 15, 2018
Creator: Lewis, Kevin M.
System: The UNT Digital Library
Who Can Serve as Acting Attorney General (open access)

Who Can Serve as Acting Attorney General

This report discusses the two primary arguments raised to challenge the President's decision to name Matthew Whitaker as Acting Attorney General: first, that the Vacancies Act does not apply because another statute, 28 U.S.C. ยง 508, provides that the Deputy Attorney General (DAG) serves as Acting AG in the event of a vacancy; and second, that the Appointments Clause prohibits Whitaker, a non-Senate-confirmed official, from serving as the head of the Department of Justice (DOJ).
Date: November 15, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
System: The UNT Digital Library