Monday audio. Procedure papers due tomorrow.
We continue with the remaining puzzles for statutory abstention, beginning with the plaintiff's argument as to the opioid stewardship payment in Accessible Medicine.
Then prep Pullman (Part 8.A) and Younger (Part 8.C)--we will do all of Pullman and should get pretty far into Younger.
• What are the two circumstances in which a federal court might abstain under Pullman and the limits of each?
• What is the connection between Pullman and certification? Given a choice, when should a court abstain under Pullman and when should it certify?
• Be able to work through all three steps of the Younger analysis for each puzzle, using the major SCOTUS cases (the ones listed on the Syllabus). Be ready to discuss:
• What the Court means by "Our Federalism."
• How Younger interacts with § 2283 as interpreted in Mitchum one year after Younger.
• Whether this is abdication or postponement and how a federal forum comes into play. Note the pre- and post-1988 versions of § 1257 and how that affects this question.
• How parity explains Younger.
