Abbott Laboratories v. Gardner

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"

Free Enterprise Fund v. Public Company

Holding "that the dual for-cause limitations on the removal of [Public Company Accounting Oversight] Board members contravene the Constitution's separation of powers"

Bowen v. Mich. Academy of Family Physicians

Holding that the provision limiting review of amounts of benefit payments under the Medicare program did not bar review of the method by which such amounts were computed

McNary v. Haitian Refugee Center, Inc.

Holding that the INA did not strip jurisdiction over certain claims because otherwise "meaningful judicial review ... would be foreclosed"

Thunder Basin Coal Co. v. Reich

Holding that petitioner's constitutional claims could first be brought before the agency

Johnson v. Robison

Holding that provision barring review of "`decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans'" did not bar constitutional challenge

Traynor v. Turnage

Holding that the Rehabilitation Act does not prohibit discrimination among different kinds of disabilities

General Electric Co. v. Jackson

Holding that injuries resulting from market reactions to a public administrative order were insufficient to merit constitutional protection because "stigma alone is insufficient to invoke due process protections"

International Union, United Mine Workers of America v. Mine Safety & Health Administration

Finding notice insufficient where final rule is " ‘surprisingly distant’ from the proposed rule" (quoting Ariz. Pub. Serv. Co. v. EPA , 211 F.3d at 1299 )

General Elec. Co. v. E.P.A

Concluding that pre-enforcement judicial review of a facial constitutional challenge to CERCLA was permissible under § 113(h), notwithstanding the concern that the challenge, if successful, “would have the effect of hindering or delaying EPA's cleanup of hazardous waste sites”

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Section 1331 - Federal question

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."

Section 2201 - Creation of remedy

Granting district courts the authority to create a remedy with the force of a final judgment

Section 706 - Scope of review

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Section 704 - Actions reviewable

Granting judicial review over " final agency action"

Section 78y - Court review of orders and rules

Allowing judicial review of Securities and Exchange Commission rules within 60 days of "promulgation"

Section 815 - Procedure for enforcement

Incorporating this standard

Section 813 - Inspections, investigations, and recordkeeping

Allowing miners to report "a violation of this chapter or a mandatory health or safety standard ... or an imminent danger"

Section 814 - Citations and orders

Authorizing withdrawal orders after a POV notice

Section 811 - Mandatory safety and health standards

Asking whether “an alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard”

Section 40.4 - Posting at mine