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So the appeals courts are the final arbiters in a supermajority of federal cases, dealing with everything from the rights of the disabled to wetlands development to the death penalty.
A supermajority requirement is obviously helpful to non-controlling shareholders, but, equally obviously, does not guarantee their protection against opportunistic conduct on the part of the controlling shareholders.
Such edicts, which can be more intrusive than anything a local government would impose, generally stay on the books unless a supermajority of residents can agree to update them.
Seven years ago, 49 Republican senators backed a plan to require a supermajority to pass tax increases.
My Wednesday column about the ‘nuclear option’ contained the wrong supermajority normally required in the Senate to cut off debate.
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