Aetna Life Ins. Co. v Hayworth

Fighting Back Against Lawless Judges: What Does The Case Law Actually Say?

Current standards for declaratory judgments could allow the Biden administration to pre-empt.

Three weeks ago, I argued that the Biden Administration should use the declaratory judgment as a way of pre-empting lawless judges like Matthew J. Kacsmaryk and Reed O’Connor, both of (of course) Texas. I fleshed out the idea in a recent piece for The American Prospect. Since then, the problem has only gotten worse, as …

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