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affirmative defense that the defendant must establish. Thus, the state would not need to prove this essential element of the Right of Way Law beyond a
of the Endangered Species Act (ESA) of 1973, as applied to species found only in single states, against Commerce Clause challenges. Both cases reach
same time, the Chevron principle is qualified by doctrines requiring a clear congressional statement, especially when constitutionally sensitive
influence conduct are nothing new.” Congress has long enforced its regulatory purposes through the tax code—indeed, one scholar estimates that over half of
two U.S. citizens: Yasser Esam Hamdi, who was transferred to U.S. custody from the Northern Alliance in Afghanistan in the fall of 2001,16 and Jose
accommodations for individuals without violating the Establishment Clause. In Espinoza and Carson, the States argued they were trying to steer clear of any
purposes through the tax code—indeed, one scholar estimates that over half of the IRS’s 36. NFIB, 132 S. Ct. at 2582. 37. Id. at 2583. 38. See Hobby
deciding whether to invest. This memorandum would include a theory of the case, estimates of the size and shape of the plaintiff class, an estimate of
press for much more precision by academics in their normative theorizing of democratic influence. Jocelyn Simonson is a leading and essential voice in
]. 25. See, e.g., Petition for Writ of Mandamus at 13, In re Garcia-Escalante, No. 04-23-00740 (Tex. App. Aug. 10, 2023). 26. State’s Motion to Dismiss