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Acorn et al v. United States of America et al

MEMORANDUM in Opposition to Plaintiffs' Motion for Preliminary Injunction

61 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,769 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,674 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

  3. U.S. v. Williams

    553 U.S. 285 (2008)   Cited 1,604 times   10 Legal Analyses
    Holding that solicitation is "categorically excluded from First Amendment protection"

  4. Hoffman Estates v. Flipside, Hoffman Estates

    455 U.S. 489 (1982)   Cited 3,178 times   4 Legal Analyses
    Holding that the possible inhibition of a constitutional right is "perhaps the most important factor"

  5. Logan v. Zimmerman Brush Co.

    455 U.S. 422 (1982)   Cited 2,975 times
    Holding that a deprivation resulting from a mistake in established state procedures is not “random and unauthorized”

  6. Roberts v. United States Jaycees

    468 U.S. 609 (1984)   Cited 2,004 times   7 Legal Analyses
    Holding that infringement of the right to associate "may be justified by regulations adopted to serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms"

  7. United States v. O'Brien

    391 U.S. 367 (1968)   Cited 2,728 times   8 Legal Analyses
    Holding that intermediate scrutiny applies to regulations "when 'speech' and 'nonspeech' elements are combined in the same course of conduct"

  8. N.A.A.C.P. v. Button

    371 U.S. 415 (1963)   Cited 2,198 times   3 Legal Analyses
    Holding that Virginia failed to "justify the broad prohibitions" imposed through a barratry law, but enjoining the statute only as applied to the politically oriented litigating efforts of the NAACP

  9. Lyng v. Northwest Indian Cemetery Protective Ass'n

    485 U.S. 439 (1988)   Cited 788 times   3 Legal Analyses
    Holding that an adherent was not entitled to challenge a third party's actions that offended his beliefs

  10. Nixon v. Administrator of General Services

    433 U.S. 425 (1977)   Cited 1,093 times   4 Legal Analyses
    Holding that the Presidential Recordings and Materials Preservation Act was not an unconstitutional bill of attainder because former President Nixon "constituted a legitimate class of one"

  11. Section 511 - Attorney General to advise the President

    28 U.S.C. § 511   Cited 12 times

    The Attorney General shall give his advice and opinion on questions of law when required by the President. 28 U.S.C. § 511 Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 612. HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large 5 U.S.C. 303. R.S. §354. Feb. 27, 1877, ch. 69, §1 (8th full par. on p. 241), 19 Stat. 241.

  12. Section 3528 - Responsibilities and relief from liability of certifying officials

    31 U.S.C. § 3528   Cited 5 times

    (a) A certifying official certifying a voucher is responsible for- (1) information stated in the certificate, voucher, and supporting records; (2) the computation of a certified voucher under this section and section 3325 of this title; (3) the legality of a proposed payment under the appropriation or fund involved; (4) repaying a payment- (A) illegal, improper, or incorrect because of an inaccurate or misleading certificate; (B) prohibited by law; or (C) that does not represent a legal obligation

  13. Section 3325 - Vouchers

    31 U.S.C. § 3325   Cited 3 times

    (a) A disbursing official in the executive branch of the United States Government shall- (1) disburse money only as provided by a voucher certified by- (A) the head of the executive agency concerned; or (B) an officer or employee of the executive agency having written authorization from the head of the agency to certify vouchers; (2) examine a voucher if necessary to decide if it is- (A) in proper form; (B) certified and approved; and (C) computed correctly on the facts certified; and (3) except

  14. Section 0.25 - General functions

    28 C.F.R. § 0.25   Cited 16 times   1 Legal Analyses
    Delegating Attorney General’s authority to render legal advice to OLC