The phrasing in the tax code is similar to the statute at issue in the Sun Capital case.
The phrasing in the tax code is similar to the statute at issue in the case, Mr. Davidoff writes.
But that position ignores an important textual distinction between §841(a)(1) and the statute at issue in Staples.
The statute at issue in Turner required cable operators to carry and transmit broadcast stations through their proprietary cable systems.
The four provisions of the statute at issue essentially turn all Hispanics, including American citizens and legal residents, into criminal suspects.
Most recently in Citizens United, Justice Scalia joined the court's 8-to-1 ruling upholding disclosure requirements in the statute at issue.
In those cases, we held that Congress, in enacting the statutes at issue, had exceeded its Article I powers.
The statutes at issue here do not give courts the power to redefine, or to subdivide, those classes, according to whether or not they believe, in a particular case, further agency proceedings might obviate the need for an immediate appeal.
Second, §2244 d) differs significantly from the statutes at issue in United States v. Brockamp, 519 U. S. 347, and United States v. Beggerly, 524 U. S. 38, in which the Court held that Irwin' s presumption had been overcome.
Both cases turned on the language, purpose, and legislative history of the particular statute involved, see Transamerica, 444 U.S., at 18-19, 100 S.Ct., at 246-247; Machinists, 372 U.S., at 685-695, 83 S.Ct., at 960-963, and we read the congressional intent behind § 13(c) to be far different from the congressional purpose underlying the statutes at issue in those cases.
Those authorities are not controlling because they predate Rule 60(b)(4)'s enactment and because we interpreted the statutes at issue in those cases as stripping courts of jurisdiction either over the parties, id., at 354 356, or the res, Wilson, supra, at 265 266 and United concedes that the statutory limit in this case is not jurisdictional.
