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MILLER v. FRENCH

United States Supreme Court No. 99-224

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QUESTION PRESENTED: Does the Prison Litigation Reform Act's automatic stay provision, 18 U.S.C. sect; 3626(e)(2), violate the separation-of-powers doctrine?

ORAL ARGUMENT DATE: Date not available

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INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

ARGUMENT - Parts I and II

I. The PLRA's unambiguous language should not be ignored to avoid a nonexistent constitutional problem

II. The separation-of-powers doctrine does not hermetically seal the three branches

Part III

III. The PLRA's automatic stay provision is a procedural rule intended to check an excess of the Judiciary

A. The problem
B. The solution

Part IV

IV. Congress has neither assumed a judicial function nor interfered impermissibly with the Judiciary's constitutionally assigned function

A. No rule of decision
B. Law and retroactivity
C. Schedules and judicial power

Conclusion

Appendix: 18 U.S.C. § 3626