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Expressly Repudiating Implied Repeals Analysis: A New Framework For Resolving Conflicts Between Congressional Statutes And Federal Rules, Bernadette Bollas Genetin

Bernadette Bollas Genetin

Part I of this Article provides a framework for understanding the core issues of interbranch power implicated in statute-Rule conflicts by discussing the constitutional foundations of procedural rulemaking authority, Congress’ statutory delegation of rulemaking authority to the Supreme Court in the Rules Enabling Act, and the experience of Court and congressional involvement in procedural rulemaking.

Part II examines the predominant method of analyzing apparent statute-Rule conflicts – use of canon of statutory interpretation disfavoring implied repeals. Part II demonstrates that the Supreme Court has used this implied repeals analysis, but has never discussed directly or comprehensively the appropriate methodology for …