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<em>Castro v. Department of Homeland Security</em>: Keeping the Suspension Clause Out of Reach
Although the political branches have broad authority over immigration, they are still subject to constitutional limits. Thus, courts have routinely reviewed and curtailed immigration policies when they do not adequately protect the rights of noncitizens. In Castro v. Department of Homeland Security, the Third Circuit refused to conduct such a review by…
The Fate of Public Employee Pensions: Revisions to the “California Rule”
During the Great Recession, as public outcry grew against unions and public employee pensions, the “California Rule” for public employee pensions came under attack. Under the California Rule, a pension statute forms a contract between the state and its employees on the employee’s first day of work, and safeguards past and future pension…