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Brandeis rules

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A quick definition of Brandeis rules:

Brandeis Rules: A set of principles used by the U.S. Supreme Court to decide constitutional questions only when necessary and to avoid them if the case can be decided on another issue. These rules were created by Justice Brandeis and include policies such as not deciding a constitutional question in a friendly suit, not creating a rule of constitutional law that is broader than necessary, and not ruling on the constitutionality of a statute unless the plaintiff is harmed by it. The court also should not rule on the constitutionality of an act of Congress without first analyzing whether it can be interpreted in a way that avoids the constitutional question.

A more thorough explanation:

Brandeis Rules, also known as Ashwander Rules, are a set of principles that guide the U.S. Supreme Court in deciding constitutional questions only when necessary and avoiding them if the case can be resolved on another issue.

The rules were outlined in Justice Brandeis's concurring opinion in Ashwander v. Tennessee Valley Authority, a 1936 case. The principles include:

  • Not deciding a constitutional question in a friendly suit
  • Not anticipating a question of constitutional law
  • Not creating a rule of constitutional law that is broader than necessary
  • Not deciding a constitutional issue if the case can be resolved on another ground
  • Not ruling on the constitutionality of a statute unless the plaintiff is harmed by the statute or has accepted its benefits
  • Not ruling on the constitutionality of an act of Congress without first analyzing whether it can be construed in a way that avoids the constitutional question

For example, if a person challenges a law that they have not been affected by, the court may not rule on the constitutionality of the law because the person has not been harmed by it. Similarly, if a case can be resolved on a non-constitutional issue, the court may avoid ruling on the constitutional question.

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12:28
breakup
12:28
happens to the best of us
12:28
@UnsuitableMaliciousHedgehog: that’s so fucking sick
rough night and morning with ex :/. we broke up but we live together
shaquilleoatmeal
12:29
damn ;/ it is break up season dawg, i'm sorry you're going through that
12:29
it really is breakup season
shaquilleoatmeal
12:29
i lived with my ex for 3 months after we broke up and it was brutal. If you can move out quicker rather than later
thanks shaq! i just needed some input from people who are looking from the outside in
im gonna pack up my stuff and leave for a few days when i get off work
12:31
sometimes I think about things my ex said and did to me and a year later it still makes me so sad that I ever let myself be treated that way
shaquilleoatmeal
12:32
yee bud clear your head how you need, shit sometimes even just driving with no destination and some sad ass music can get you through this
shaquilleoatmeal
12:32
you grow through what you go through bunny, you know for the next relationship what you deserve
I want to run you guys through a scenario to see what yall think. Go to off topic for the one time lol
12:34
gotchu
hello friends
13:09
Yo
lawguy we're nearly stats twins :D
13:13
I saw that, and I saw you got the Georgetown interview invite yesterday too! Goodluck!
you too haha, i was super surprised to have received one so early not gonna lie
i heard the group interview is really chill and I'm kinda excited to do it
seems cool
13:14
Yeah, 7sage has a page that talks about the questions for each schools interview, GULC's seems unique
13:15
Idk how much of an effect it has on admissions chances but should be cool either way
ive heard the conversion rate for gulc group interview is pretty high even moreso if you have the stats
it's hard to say but i've also heard that the group interview is harder to get than the alumni interview. but who really knows tbh
im p sure they don't interview everyone and getting one this early should be a great sign!
13:16
Yeah I've heard the same ab the group interview
13:17
So maybe I'll see you in D.C. a year from now lmao
initiallaw
13:32
Speaking of stat twins kazuyamishima were exact stat twins lol
17:13
Anyone going to the UGA zoom thing on the 22nd?
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