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The HHS Massacre

OA1145 and T3BE65 - Lydia joins this Wild Card Wednesday to discuss the awful, inhumane HHS layoffs. Workers were lined up around the block to wait hours to find out if they were fired or not. These are human beings. The people responsible for this should be imprisoned.

(awkward transition) and then it's time for a bar exam question!

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Comments

Completely agree with Thomas that the answer is B. As someone who also has ADHD, listening to him reason through this question felt super relatable. This is the exact type of question that sucks up my time on tests because the premise’s absurdity is so distracting and then the answer includes superfluous info (Emmy’s rights alone being violated should be sufficient for standing).

Nathaniel Field

I hate this question. I *think* they are trying to differentiate between a law that is unconstitutional on its face versus unconstitutional as-applied, and the effect that distinction has on standing. This is a facial challenge, so the fact that Emmy would be imminently injured by the law would give her (the named Plaintiff) standing to sue. I hate this question, because the most glaring constitutional injury here is to the employees (14th amend equal protection), but the employer arguably suffers a different constitutional injury (14th amend freedom of association), and it is unclear which claim is being brought here (i.e., standing to bring one claim? Both?) The best answer is B.

Katie Herrmann


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