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abrogate abstention action Add to footnote Add to Paragraph adjudication alleged argued Article Article III ASARCO asserted authority CERCLA certiorari challenge Circuit civil collateral review Commerce Clause concluded concurring Congress congressional constitutional rights conviction Court held Court of Appeals Court ruled criminal damages defendant discussion dissent district court diversity jurisdiction doctrine due process Eleventh Amendment employees end of Paragraph enforcement federal claim federal common law federal court Federal Government federal interest federal jurisdiction federal law federal question filed forum selection clause Government contractors habeas corpus infra involved issue joined by Justice judgment jury Justice Brennan Justice Kennedy Justice Scalia L.Rev legislative liability limitations litigation ment merits municipal NOPSI Note officials opinion party permit petition petitioner plaintiff preclude procedural proceedings relief remand remedy S.Ct SECTION sovereign immunity state's statutory SUBSECTION suit supra Supreme Court T]he Teague Third Edition tion tort trial United violation