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Expert Analysis

High Court Tackles Constitutional Avoidance Doctrine

By Geoffrey Hoffman (March 2, 2018, 3:45 PM EST) -- The U.S. Supreme Court in Jennings v. Rodriguez allowed the constitutional claims of Alejandro Rodriguez and those similarly situated to go forward on remand. This is the primary takeaway of this important case. The plurality, however, had much more to say. It clarified the "constitutional avoidance doctrine," a notoriously difficult doctrine to apply, and the Supreme Court's discussion on this front will have ramifications for years to come. In addition, it says much about the potential inapplicability of class actions in this context, thus signaling that individual relief may be appropriate....

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