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Litigating The Separation Of Powers, Elizabeth Earle Beske
Litigating The Separation Of Powers, Elizabeth Earle Beske
Articles in Law Reviews & Other Academic Journals
The Roberts Court, in marked contrast to its predecessor, has embraced the role of the federal judiciary in resolving clashes between coordinate branches, but it has done so without adequately grappling with Rehnquist-era justiciability hurdles. Constrained by Raines v. Byrd, the 1997 case in which Chief Justice Rehnquist purported in broad strokes to shut down institutional standing, the Roberts Court has relied primarily on individual litigants to raise separation-of-powers claims as defenses in enforcement proceedings. Primary reliance on individual litigants is problematic. First, it is difficult to square with conventional conceptions of injury in fact. Individual litigants have traditionally …
Litigating The Separation Of Powers, Elizabeth Earle Beske
Litigating The Separation Of Powers, Elizabeth Earle Beske
Articles in Law Reviews & Other Academic Journals
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