44 Cited authorities

  1. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 26,010 times   27 Legal Analyses
    Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
  2. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,710 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
  3. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,301 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"
  4. Lopez v. Davis

    531 U.S. 230 (2001)   Cited 888 times   5 Legal Analyses
    Holding that a mandatory statutory command had a different meaning than nearby permissive commands because "Congress’ use of the permissive ‘may’ in [one subsection] contrasts with the legislators’ use of a mandatory ‘shall’ in the very same section"
  5. Franklin v. Massachusetts

    505 U.S. 788 (1992)   Cited 756 times   3 Legal Analyses
    Holding that the decennial census report was not subject to judicial review, because it carried "no direct consequences for the reapportionment," and the President was "not expressly required to adhere to the policy decisions reflected in the Secretary's report"
  6. Bell v. Hood

    327 U.S. 678 (1946)   Cited 4,330 times
    Holding that an asserted federal claim triggers federal question jurisdiction unless the claim "clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or where such a claim is wholly insubstantial and frivolous"
  7. Sossamon v. Lone Star State of Texas

    560 F.3d 316 (5th Cir. 2009)   Cited 1,240 times
    Holding "RLUIPA is clear enough to create a right for damages on the cause-of-action analysis, but not clear enough to do so in a manner that abrogates state sovereign immunity from suits for monetary relief"
  8. Bowsher v. Synar

    478 U.S. 714 (1986)   Cited 513 times   2 Legal Analyses
    Holding that the Comptroller General was not an executive officer and could not exercise executive power granted to him by statute
  9. Trudeau v. Federal Trade Com'n

    456 F.3d 178 (D.C. Cir. 2006)   Cited 890 times
    Holding APA § 702's waiver applies to claims against an agency for nonmonetary relief regardless of whether the challenged agency action constitutes "final agency action" subject to review under APA § 704
  10. Sackett v. Envtl. Prot. Agency

    566 U.S. 120 (2012)   Cited 222 times   40 Legal Analyses
    Holding that the agency action at issue satisfied Bennett prong two because it exposed petitioners to double penalties in a future enforcement proceeding and limited their ability to obtain a certain type of permit
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,128 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,051 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,644 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  14. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,534 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  15. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,101 times   25 Legal Analyses
    Granting judicial review of "agency action"
  16. Section 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,615 times   4 Legal Analyses
    Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"
  17. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,769 times   69 Legal Analyses
    Adopting the definition set out in the APA
  18. Section 500 - Administrative practice; general provisions

    5 U.S.C. § 500   Cited 599 times   12 Legal Analyses

    (a) For the purpose of this section- (1) "agency" has the meaning given it by section 551 of this title; and (2) "State" means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to