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In reaching its decision, the Court noted the important distinction between “the classes of cases a court may entertain (subject-matter jurisdiction)” and “nonjurisdictional claim-processing rules, which seek to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at certain specified times.”
Each suit premised jurisdiction on district courts’ ordinary federal-question authority to resolve “civil actions arising under the Constitution, laws, or treaties of the United States.” The post Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings appeared first on ConstitutionalLaw Reporter.
They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests,” Justice Kavanaugh wrote. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.
In this case, however, the challenged orders and regulations have not been established to be arbitrary, i.e., lacking a rational basis, except for one subpart of one order regarding social distancing at entertainment venues that initially made no exception for families or individuals living in the same household.
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