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Doreen Flynn et al v. Eric Holder

MEMORANDUM in Opposition to MOTION to Dismiss Case for failure to state claim and for lack of jurisdiction 26

59 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,570 times   141 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"

  2. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,875 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  3. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,681 times   5 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  4. United States v. Lopez

    514 U.S. 549 (1995)   Cited 2,399 times   21 Legal Analyses
    Holding that the Gun-Free School Zones Act "exceeds the authority of Congress to ‘regulate Commerce’ " as it "neither regulates a commercial activity nor" "contains jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce" (quoting U.S. Const. Art. I § 8 cl. 3 )

  5. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,362 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  6. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,262 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  7. Plyler v. Doe

    457 U.S. 202 (1982)   Cited 3,043 times   15 Legal Analyses
    Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens

  8. Lawrence v. Texas

    539 U.S. 558 (2003)   Cited 1,165 times   33 Legal Analyses
    Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment

  9. U.S. v. Morrison

    529 U.S. 598 (2000)   Cited 1,285 times   10 Legal Analyses
    Holding that Congress exceeded its interstate commerce powers in enacting a civil remedy for victims of gender-motivated violence

  10. Nordlinger v. Hahn

    505 U.S. 1 (1992)   Cited 1,724 times
    Holding that the legislature need not "actually articulate at any time the purpose or rationale supporting its classification"

  11. Section 274e - Prohibition of organ purchases

    42 U.S.C. § 274e   Cited 19 times   2 Legal Analyses
    Providing that "[i]t shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce" and that any person engaging in such practice "shall be fined not more than $50,000 or imprisoned not more than five years, or both"

  12. Section 274k - National Program

    42 U.S.C. § 274k   Cited 2 times

    (a) Establishment The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall by one or more contracts establish and maintain a C.W. Bill Young Cell Transplantation Program (referred to in this section as the "Program"), successor to the National Bone Marrow Donor Registry, that has the purpose of increasing the number of transplants for recipients suitably matched to biologically unrelated donors of bone marrow and cord blood, and that meets the requirements

  13. Section 274l - Stem cell therapeutic outcomes database

    42 U.S.C. § 274l

    (a) Establishment The Secretary shall by contract establish and maintain a scientific database of information relating to patients who have been recipients of a stem cell therapeutics product (including bone marrow, cord blood, or other such product) from a donor. (b) Information The outcomes database shall include information in a standardized electronic format with respect to patients described in subsection (a), diagnosis, transplant procedures, results, long-term follow-up, and such other information