MEMO: A Statutory Measure Expanding Lower Federal Courts Meets the Byrd Rule’s ‘Merely Incidental’ Standard

To:

Senator Chuck Schumer, Majority Leader, U.S. Senate

Senator Dick Durbin, Democratic Whip, U.S. Senate

Senator Bernie Sanders, Chair, Committee on the Budget, U.S. Senate

From:

Professor Samuel Moyn
Henry R. Luce Professor of Jurisprudence at Yale Law School and Professor of History, Yale University

Aaron Belkin
Director, Take Back the Court

Re: A Statutory Measure Expanding Lower Federal Courts Meets the Byrd Rule’s ‘Merely Incidental’ Standard