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between the executive and legislative branches—is hotly debated. Politicians,16 practitioners,17 judges,18 and academics19 have weighed in. Yet for
even where they could formally participate (as in Topeka).17 Indeed, segregated education was a mechanism for ensuring the continuing marginalization
Black Families Are Outraged About Family Separation Within the U.S. It’s Time to Listen to Them, Time (Mar. 17, 2021, 9:00 AM EDT), https://time.com
sparse.17 Scholars have addressed a number of questions peculiar to the original jurisdiction, such as whether the Court’s extensive delegation of
lawful under “the traditional understanding that the Recess Appointment Clause is to be given a practical construction”). Id. at 17-18. Pozen’s thesis
reinstitute relations of domination via the law’s coercive institutions”). 16. Id. at 174. 17. Id. at 94-95. 18. Id. at 98-103. 19. See, e.g., id. at 10
of the Constitution’s text.17 Once again, legal professionals, both practitioners and academics, dutifully slot the decided cases into their
see Ricci v. DeStefano, 557 U.S. 557 (2009). disparate statistics 2389 pact theory, according to the Griggs Court, is business necessity. 17 In
17 and that it limits discovery that supports future regulation.18 These descriptions, however, do not match reality.19 13. See id. at 526
professes devotion to the rule of law.”17 When determining a sentence, district court judges were instructed to consider not just the crime committed and