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points to five “considerations” as justification for its decision: “(1) the breadth of the Necessary and Proper Clause, (2) the long history of federal
socioeconomic spectrum. 2. Transcript of Oral Argument at 61, Mallory v. Norfolk S. Ry., 600 U.S. 122 (2023) (No. 21-1168) (concerning the
Article III, Section 2, and the nation affirmed that right in the Sixth and Seventh Amendments. As Justice Sandra Day O’Connor once pointed out, though
and (2) trustees should specialize. The COVID induced debt spike on corporate balance sheets portends a wave of future bankruptcy cases. Congress
Massachusetts; (2) the pathways the Court endorses, shuts down, and leaves open; (3) the Court’s view of the limited role that courts, as opposed to the
often divided into phases broadly outlined as: (1) detoxification to eliminate physical dependence on drugs; (2) stabilization or rehabilitation
upheld by the Court, once even in the post-Boerne era. The necessary updating of the formula–for example, by focusing on section 2 violations
authorities not traceable to any of the power grants contained in sections 2 and 3 of Article II. If the niggardly reading of executive power is to be
v. Glenn, 128 S. Ct. 2343, 2358 n.2 (2008) (Scalia, J., dissenting); see also supra text accompanying note 158. LIPTON_PRESS_V1WEB.DOC 5/28/2010
lawyers may tell and the ways in which they 1. DANIEL MARKOVITS, A MODERN LEGAL ETHICS: ADVERSARY ADVOCACY IN A DEMOCRATIC AGE (2008). 2. Id