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Younger patients have shorter skin lengths.

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Younger patients have shorter skin lengths.

On May 18, 2013, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in the case of Abolished. They were the first arguments in the case since the D.C. Circuit’s three-judge panel issued a unanimous ruling in favor of the government on August 29, 2013. By that time, the Supreme Court would announce the result of its review of the cases in Abolished and another case.

Both the government and the plaintiffs claim that Article III grants them jurisdiction, and that U.S. District Court Judge Richard Leon should have exercised discretion by striking down the statute in Abolished because (to quote the government) “[t]he statute lacks any independent basis.” Leon, however, argues that the Article III issue in Abolished “is not about the [Article III] right but about the Court’s duty to interpret congressional language in a manner that comports with the Constitution.”

To judge for themselves, we spoke with Mark A. O’Mara, an expert in constitutional law at the University of Richmond School of Law and a lecturer at Loyola Law School; and Robert L. Mirell, a legal fellow at the Cato Institute.

Q: Did the Supreme Court recognize in Abolished that jurisdiction over the District is granted “by Congress in relation to state governments, in accordance with Article III?”

A: “The Supreme Court’s decisions have not defined jurisdiction in respect to federal claims in the District of Columbia. In my view, the Supreme Court’s decisions have not yet decided a single federal claim under the congressional power, and indeed are silent about the subject.

“But I think the Court does understand that a statute in the legislative branch’s power as it applies to state governments “has a substantive relation to state matters that is not, as an objective matter, a direct connection to local issues.” . . .

“That understanding has some bearing on the Court’s decisions in United States v. Morrison (1987); United States v. Gant et al. (1996); United States v. Risley (1997); and United States v. Miller (2003). . . .

“For example, Morrison holds that, in effect, all state statutes ‘bear on an issue of domestic,

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