64 Cited authorities

Troxel v. Granville
530 U.S. 57 (2000) Cited 5,129 times 8 Legal Analyses
Holding statute unconstitutional as applied
Santosky v. Kramer
455 U.S. 745 (1982) Cited 8,767 times 4 Legal Analyses
Holding that "[b]efore a State may sever ... the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence"
Deshaney v. Winnebago Cty. Soc. Servs. Dept
489 U.S. 189 (1989) Cited 5,643 times 8 Legal Analyses
Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,549 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
Whitmore v. Arkansas
495 U.S. 149 (1990) Cited 2,864 times 16 Legal Analyses
Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"
Heller v. Doe
509 U.S. 312 (1993) Cited 2,348 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"
Federal Communications Commission v. Beach Communications, Inc.
508 U.S. 307 (1993) Cited 2,234 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"
FW/PBS, Inc. v. City of Dallas
493 U.S. 215 (1990) Cited 2,377 times 2 Legal Analyses
Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))
Stanley v. Illinois
405 U.S. 645 (1972) Cited 5,117 times 3 Legal Analyses
Holding that Illinois could not automatically designate the children of unwed parents as wards of the state upon the death of the mother because fathers of children born out of wedlock have a "cognizable and substantial" "interest in retaining custody of [their] children" under the Constitution
Ankenbrandt v. Richards
504 U.S. 689 (1992) Cited 1,857 times 1 Legal Analyses
Holding that divorce, alimony, and child custody decrees fall under "domestic relations exception" to federal courts' subject matter jurisdiction
Section 1382c - Definitions
42 U.S.C. § 1382c Cited 18,376 times
Adopting language emphasizing the importance of individual assessments
Section 416 - Additional definitions
42 U.S.C. § 416 Cited 10,364 times 3 Legal Analyses
Referring simply to "the child ... of an individual"
Section 1154 - Procedure for granting immigrant status
8 U.S.C. § 1154 Cited 1,106 times 1 Legal Analyses
Granting immigrant status
Section 1151 - Worldwide level of immigration
8 U.S.C. § 1151 Cited 837 times
Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually
Section 671 - State plan for foster care and adoption assistance
42 U.S.C. § 671 Cited 749 times
Requiring States receiving federal funds for foster care and adoption assistance to make “reasonable efforts . . . to preserve and reunify families” prior to foster care placement or removal of a child from its home
Section 2 - Definitions and special rules
26 U.S.C. § 2 Cited 498 times 3 Legal Analyses
In section 2, block 1 of the form, he indicated that he did not determine financial policy for Urgent Care, that he did not authorize payments of bills or creditors, and that he did not authorize payroll.
Section 675 - Definitions
42 U.S.C. § 675 Cited 415 times
Requiring procedures to assure children are placed in least restrictive settings
Section 1186a - Conditional permanent resident status for certain alien spouses and sons and daughters
8 U.S.C. § 1186a Cited 369 times 1 Legal Analyses
Providing for hardship waivers for "for an alien who fails to meet the requirements of paragraph"
Section 7702B - Treatment of qualified long-term care insurance
26 U.S.C. § 7702B Cited 22 times 1 Legal Analyses
Defining “qualified long-term care services”

Dragovich et al v. United States Department of the Treasury et al

64 Cited authorities

Holding statute unconstitutional as applied

Holding that "[b]efore a State may sever ... the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence"

Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience

Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

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"

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"

Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))

Holding that Illinois could not automatically designate the children of unwed parents as wards of the state upon the death of the mother because fathers of children born out of wedlock have a "cognizable and substantial" "interest in retaining custody of [their] children" under the Constitution

Holding that divorce, alimony, and child custody decrees fall under "domestic relations exception" to federal courts' subject matter jurisdiction

Adopting language emphasizing the importance of individual assessments

Referring simply to "the child ... of an individual"

Granting immigrant status

Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually

Requiring States receiving federal funds for foster care and adoption assistance to make “reasonable efforts . . . to preserve and reunify families” prior to foster care placement or removal of a child from its home

In section 2, block 1 of the form, he indicated that he did not determine financial policy for Urgent Care, that he did not authorize payments of bills or creditors, and that he did not authorize payroll.

Requiring procedures to assure children are placed in least restrictive settings

Providing for hardship waivers for "for an alien who fails to meet the requirements of paragraph"

Defining “qualified long-term care services”