QUESTIONS PRESENTED FOR REVIEW

Whether the fundamental structure and principles of federalism prevent a federal court from retroactively applying a state supreme court determination—that under state law next of kin have no “legitimate claim of entitlement” in the human body parts of their deceased loved ones for burial post autopsy—where the federal court previously announced that such interest exists and found that it rose to the level of a legitimate claim of entitlement protected by the Fourteenth Amendment?

Whether the question specifically left open in Stop the Beaches—should a judicial decision which eliminates an established property right be analyzed under general due process principals or under the Takings Clause—be answered per the Stop the Beach 4 member plurality (Takings Clause) or per the dissent (general due process)?

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