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Unspeakable Cruelty

Divided Argument

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Is the Prison Litigation Reform Act Unconstitutional?

Constitutional issues are always in play, even when they aren't the main point of your challenge. In versus madison, the case that establishes judicial review, this is cond o ho. It works like the the central claim in marr versus madison is marbury wants his commission to be a justice of the peace as a fight about who gets to have this office. But whether or not he can sue, whether he's goone to the right court and seeking a rid of mandemus. And that produces a constitutional question that the court has to resolve.

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