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Win Some, Lose Some

The Rehnquist Court's Final Chapter on Access to Courts

By Matthew Diller, Gill Deford, Jane Perkins & Gary F. Smith

In its final year as the Rehnquist Court, the U.S. Supreme Court continued to chip away at plaintiff's access to federal courts, although the 2004-2005 term brought no blockbusters. The Court declined to treat restraining-order enforcement as property for due process purposes, but it also declined to continue its previous narrowing of commerce clause jurisdiction where marijuana was involved. Regarding Section 1983, the Court rejected amicus United States' argument for a conclusive presumption against Section 1983 and found a private right of action for retaliation under Title IX. The Justices continued to spar among themselves over the deference due administrative agencies.

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