Question
Consider the following matters in connection with Miller v. French: 1. What relief did the warden, Miller, seek and on what basis? 2. What argument
Consider the following matters in connection with Miller v. French:
1. What relief did the warden, Miller, seek and on what basis?
2. What argument did the prisoner, French, make in response that the federal court could not grant Miller's requested relief?
According to the prisoners, the remedial order governing living conditions at the Pendleton Correctional Facility is a final judgment of an Article III court, and 3626(e)(2) constitutes an impermissible usurpation of judicial power because it commands the district court to suspend prospective relief under that order, albeit temporarily.
3. What prerogatives, according to the Court, does Article III and separation of powers preserve to the federal courts? From what sources are they drawn?
4. Why did the Court hold that the Prison Litigation Reform Act did not violate the rule derived from Plaut v. Spendthrift Farm, Inc.?
5. What three rules did Justice O'Connor identify that limited Congress' power to regulate the federal judiciary?
6. What does the Court view as the critical defect at issue in the cases regarding the statutory mechanism for administering pensions for disabled veterans of the Revolutionary War?
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