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: ButterflyfishNothing shakes one's confidence like being completely and utterly wrong
Except when it induces panic.
How I spent the last hour of my life.
Open up a new practice exam question, sketch out an answer in about 30 minutes, feel pretty good about it. Non-delegation, intelligible principle, scope of review, a little bicameralism and presentment, a little Scalia humor for good measure (assessing whether commission described is "junior varsity congress"*).
Then hmmm . . . there are some sticking points in the analysis . . . there seems to be insufficient info. to come to a reasoned conclusion about some of these issues . . . and maybe I should have taken a harder look at standing instead of jumping straight to the delegation stuff . . . ah well, let's see the damage.
Open exam answer file.
WHAT THE HELL??????
This was 100% a justiciability question????
Standing, ripeness, finality, legal effects test . . .
That was it.
My issue-spotting radar is completely broken.
Then again, I am probably better at Admin than I am at taking a hiatus.
_______________________
* See Mistretta v U.S. (Scalia dissenting, naturally)
Full post as published by Butterflyfish on May 03, 2008 (boomark / email).
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