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habeas law. Four Justices protested that the Lafler decision violated the federal habeas statute. At the least, the decision expanded habeas review
This claim is in part inspired by our conversations with plaintiffs’ attorneys. 132. For a discussion of how rules aimed at benefiting consumers
; the man was sentenced to thirty-five years in prison. Associ- ated Press, HIV-Positive Man Sentenced to 35 Years for Spitting at Officer, N.Y. DAILY
resources— notably, life-saving ventilators—at a time of severe shortage. Although our health systems seemed to weather the first wave of the COVID-19
attached to disability—see MCKIE ET AL., supra note 33, at 85-97. 54. ADA Analyses of the Oregon Health Care Plan, 9 ISSUES L. & MED. 397, 410 (1994). 55
attention to the sex-equality claim at both the “wholesale” level and the “retail” level. The wholesale argument contends that laws defining marriage as a
in terms of the persons benefited.” As a result, the Medicaid provision at issue in Douglas could not be enforced under § 1983, and an alternative
meaning from the evolving standards of decency that mark the progress of a maturing society.”). 5. See Atkins, 536 U.S. at 316 n.21 (2002); id. at 322
REGULATORY STATE 65-83 (2014). 4. Id. 5. Bruce R. Kraus, Economists in the Room at the SEC, 124 YALE L.J. F. 280, 292 (2015), http
the Attorney General’… Id. at 459 (Black, J., dissenting). Justice Black also argued that because the Attorney General’s list of “subversives” had