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NATIONAL COUNCIL FOR ADOPTION v. POMPEO et al

MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction

68 Cited authorities

  1. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 8,426 times   444 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,630 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 20,617 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 11,412 times   15 Legal Analyses
    Holding that the federal courts lacked jurisdiction because "none of the relief sought by respondent would likely remedy its alleged injury in fact"

  5. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,565 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  6. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,451 times   169 Legal Analyses
    Holding no standing existed where alleged injury was "based on hypothetical future harm that is not certainly impending."

  7. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,213 times   13 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  8. List v. Driehaus

    573 U.S. 149 (2014)   Cited 2,240 times   12 Legal Analyses
    Holding that injury was imminent because plaintiffs demonstrated that enforcement actions took place 20 to 80 times each year and thus "are not a rare occurrence"

  9. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,617 times   11 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

  10. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,100 times   14 Legal Analyses
    Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 365,903 times   967 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 14901 - Findings and purposes

    42 U.S.C. § 14901   Cited 17 times

    (a) Findings Congress recognizes- (1) the international character of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at The Hague on May 29, 1993); and (2) the need for uniform interpretation and implementation of the Convention in the United States and abroad, and therefore finds that enactment of a Federal law governing adoptions and prospective adoptions subject to the Convention involving United States residents is essential. (b) Purposes The

  13. Section 14922 - Process for accreditation and approval; role of accrediting entities

    42 U.S.C. § 14922   Cited 5 times
    Describing the process for accreditation and approval and the role of accrediting entities

  14. Section 14921 - Accreditation or approval required in order to provide adoption services in cases subject to the Convention

    42 U.S.C. § 14921   Cited 1 times

    (a) In general Except as otherwise provided in this subchapter, no person may offer or provide adoption services in connection with a Convention adoption in the United States unless that person- (1) is accredited or approved in accordance with this subchapter; or (2) is providing such services through or under the supervision and responsibility of an accredited agency or approved person. (b) Exceptions Subsection (a) shall not apply to the following: (1) Background studies and home studies The performance

  15. Section 14925 - Universal accreditation requirements

    42 U.S.C. § 14925   Cited 1 times

    (a) In general The provisions of title II and section 404 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.[, 42 U.S.C. 14944] ), and related implementing regulations, shall apply to any person offering or providing adoption services in connection with a child described in section 1101(b)(1)(F) of title 8, to the same extent as they apply to the offering or provision of adoption services in connection with a Convention adoption. The Secretary of State, the Secretary of Homeland Security

  16. Section 96.12 - [Effective 1/8/2025] Authorized adoption service providers

    22 C.F.R. § 96.12   Cited 2 times
    Requiring accreditation for subject organizations

  17. Section 96.35 - [Effective 1/8/2025] Suitability of agencies and persons to provide adoption services

    22 C.F.R. § 96.35   Cited 2 times

    (a) The agency or person provides adoption services ethically and in accordance with the Convention's principles of: (1) Ensuring that intercountry adoptions take place in the best interests of children; and (2) Preventing the abduction, exploitation, sale, or trafficking of children. (b) In order to permit the accrediting entity to evaluate the suitability of an agency or person for accreditation or approval, the agency or person discloses to the accrediting entity the following information related

  18. Section 96.1 - [Effective until 1/8/2025] Purpose

    22 C.F.R. § 96.1   Cited 1 times

    This part provides for the accreditation and approval of agencies and persons pursuant to the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 - 14954 , Pub. L. 106-279 ,) and the Intercountry Adoption Universal Accreditation Act of 2012 (42 U.S.C. 14925 , Pub. L. 112-276 ). Subpart B of this part establishes the procedures for the selection and designation of accrediting entities to perform the accreditation and approval functions. Subparts C through H establish the general procedures and standards

  19. Section 96.47 - [Effective until 1/8/2025] Preparation of home studies in incoming cases

    22 C.F.R. § 96.47   Cited 1 times

    (a) The agency or person ensures that a home study on the prospective adoptive parent(s) (which for purposes of this section includes the initial report and any supplemental statement submitted to DHS) is completed that includes the following: (1) Information about the prospective adoptive parent(s)' identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an intercountry adoption, and the characteristics

  20. Section 96.36 - [Effective until 1/8/2025] Prohibition on child buying

    22 C.F.R. § 96.36

    (a) The agency or person prohibits its employees and agents from giving money or other consideration, directly or indirectly, to a child's parent(s), other individual(s), or an entity as payment for the child or as an inducement to release the child. If permitted or required by the child's country of origin, an agency or person may remit reasonable payments for activities related to the adoption proceedings, pre-birth and birth medical costs, the care of the child, the care of the birth mother while