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57 AM 1154 The Yale Law Journal [Vol. 113: 1153 sex.9 But the same point can be made by citing a large historical literature, which shows how
Surrey noted in his tax expenditures analysis, virtually any program can be implemented in at least two ways.9 It can be implemented through a direct
the Deferred Action for Childhood Arrivals (DACA) policy.9 Read closely and in context, I will argue, Regents re- flects an overriding concern to ensure
2014). 126. See, e.g., Hill v. Warsewa, 947 F.3d 1305, 1309 (10th Cir. 2020); Ray Charles Found. v. Robin- son, 795 F.3d 1109, 1118 n.9 (9th Cir
of private and state violence—especially racialized minorities in the United States—that may well be rather cold comfort.9 To their weary ears, solemn
decision output,”9 and was a remedy that the Court had upheld “over and over and over again.”10 In response to the Solicitor General’s contention that D.C
164. See, e.g., Bank of the U.S. v. Planters’ Bank of Ga., 22 U.S. (9 Wheat.) 904 (1824) (suit by federal entity upon nonfederal claim). 165
supra note 58, at 4-9. 96. See id. at 12; Amy Goldstein, States’ Budget Woes Fuel Medicaid Cuts, WASH. POST, Oct. 11, 2002, at A1 (quoting
Rev. L. & Econ. 81 (2002); and Hal R. Varian,Markets for Information Goods (Bank of Japan Inst. for Monetary & Econ. Stud., Discussion Paper No. 99-E-9
CONST. art. I, § 3(a); FLA. CONST. art. I, § 5; N.Y. CONST. art I, § 9; TEX. CONST. art. I, § 27. 207. Resnik, supra note 31, at 954 (noting that