For discussion of this law and possible linkages of abnegation-based deregulation in the Trump administration and 1980s litigation on agency
nonacquiescence, see infra note 267 and accompanying text.
Revesz, The Uneasy Case Against Intracircuit
Nonacquiescence: A Reply,
Legitimacy of
Nonacquiescence in Judicial Opinions, 61 TUL.
The Service, in its
nonacquiescence, cites the Supreme Court's General Dynamics decision to the effect that a taxpayer cannot deduct "an estimate of an anticipated expense ...
(43) The Secretary could also have followed a policy of
nonacquiescence towards the court's rulings.
Coenen, The Constitutional Case Against Intracircuit
Nonacquiescence, 75 Minn.
nonacquiescence, or by petitioning for review from the Supreme Court.
In this role, the state-party has less incentive to meet a CCJA decision with
nonacquiescence than if it had lost a case, except to the extent that establishing and maintaining effective enforcement procedures require political will and expenditure.
Rooney, Comment,
Nonacquiescence by the Securities and Exchange Commission: Its Relevance to the
Nonacquiescence Debate, 140 U.
* "Social Security Administration
Nonacquiescence on the Standard for Evaluating Pain," by Erin Margaret Masson.
(245) In short, they believe the FEC should cease enforcing the regulation in order to avoid enmeshing itself in "'serious statutory and constitutional questions' raised by intercircuit
nonacquiescence." (246) and that complete abandonment of the rule in all jurisdictions is necessary given the increased use of media to target national audiences without regard for jurisdictional boundaries.