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Sam Heldman


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Tuesday, December 10, 2002

The Court's decision in U.S. v. Bean came down today. Contrary to my prediction the Court reversed, 9-0. Sam Heldman also predicted the Court would affirm, so I think that means I'm 4-1 and he's 3-2 (according to my rules).

If you recall, I thought the case was about whether Congress may invalidate a law (allowing an exception to gun posession prohibition on felons) by refusing to fund a decision that an official is required to make (as to whether to grant the exception). In fact, the case was about whether judicial review provided by statute must be preceded by an actual dispositive decision by the decisionmaker (here, ATF). The Court held that it must.