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Arbaugh v. Y & H Corp argument
January 11, 2006 by Ross Runkel at LawMemo
SCOTUSblog has an extended discussion of the ins and outs of the arguments in Arbaugh v. Y & H Corp, where the question is whether Title VII's 15-employee threshold is a matter of federal court jurisdiction or merely another element going to the merits. Tomorrow's Argument in Arbaugh v. Y & H Corporation.
Here's just one paragraph:
As an Amicus Curiae supporting the petitioner, the United States emphasizes, among other arguments, that neither Y & H nor the circuit courts holding the fifteen-employee requirement to be jurisdictional had provided a persuasive reason for why ยง 701(b) should be thought to limit the jurisdiction of the federal courts. The United States critiques each of the four arguments offered for such a holding, including the Third Circuit's argument under the canon of avoidance (notably, even the Third Circuit rejected this argument after outlining it).
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