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sic meaning apart from judicial doctrine). separation-of-powers avoidance 2367 courts inject themselves into the separation of powers when they
authority needed to address them is weak or non-existent; and irrational discounting occurs that pushes responses into the future.”23 There is
weigh in on these cases? They are not victims or otherwise aggrieved parties, yet there is a sense in which their sweat equity in working on the
of new national problems and an expanding federal government’s solutions to them. The Justices’ papers show that they were more attuned to policy
court, the more cumbersome and protracted their deliberations will be unless they sit in panels—and then there must be a mechanism for coordinating the
be controversial. We merely give them the meaning that they seem most naturally to invite. Those who would read these provisions as somehow
policymaking settlements. The Note then proposes (1) new doctrine to make these settlements more consistent with administrative law norms, and (2
Administrations constantly bind their successors when they decide which positions to take in litigation, depending on how suc- cessfully they argue them. C. The
completed. Under the retroactive theory, they may similarly be understood as circumventing the Sixth Amendment’s protections. The broader ambition of
qualified and unbiased, we might assign a probability of one third to the validity of each expert’s claim. There would then 12. The calculations