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Beyond the Affordable Care Act Decision

Federal Access Issues in the Supreme Court’s 2011 Term

By Mona Tawatao, Jane Perkins, Gill Deford & Gary F. Smith

The U.S. Supreme Court’s 2011 Term was lively, even apart from the landmark health care act decision. In two other high-profile cases, the Court found that federal law preempted most of Arizona’s newly enacted immigration law and rejected a mootness claim in a challenge to the use of union dues. The Court analyzed statutory construction and maintained its allegiance to arbitration agreements; the Court found federal courts retained jurisdiction under a consumer law statute. The Court favored private property owners in two cases under the Administrative Procedure Act and turned a challenge to state Medicaid amendments into an Administrative Procedure Act case. The Court rejected the attempt to create a Bivens claim but allowed postconviction habeas corpus petitions to move forward in the face of potential case-killing procedural issues. [Editor's Note: See complete collection of articles in the federal court access series.]

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