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Exodus Refugee Immigration, Inc. v. Pence et al

BRIEF/MEMORANDUM in Support re MOTION for Preliminary Injunction

60 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,763 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  2. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,638 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  3. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 984 times   9 Legal Analyses
    Holding that a state Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions

  4. Johnson v. California

    543 U.S. 499 (2005)   Cited 813 times   4 Legal Analyses
    Holding that "express racial classifications" remain subject to strict scrutiny even in the prison context

  5. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,315 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation

  6. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,604 times   4 Legal Analyses
    Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable

  7. United States v. Playboy Entertainment Group, Inc.

    529 U.S. 803 (2000)   Cited 829 times   7 Legal Analyses
    Holding that a statute was content based because it “applies only to channels primarily dedicated to sexually explicit adult programming or other programming that is indecent”

  8. Massachusetts Bd. of Retirement v. Murgia

    427 U.S. 307 (1976)   Cited 1,711 times   1 Legal Analyses
    Holding that age is not a quasi-suspect class

  9. Hillsborough County v. Automated Medical Labs

    471 U.S. 707 (1985)   Cited 1,192 times   3 Legal Analyses
    Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"

  10. Brown v. Entertainment Merchants Assn.

    564 U.S. 786 (2011)   Cited 487 times   9 Legal Analyses
    Holding that even if violent video games cause aggression, a state could not prohibit their sale to children

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,349 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,416 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

  13. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,537 times   39 Legal Analyses
    Concluding paragraph, exception

  14. Section 1157 - Annual admission of refugees and admission of emergency situation refugees

    8 U.S.C. § 1157   Cited 179 times   3 Legal Analyses
    Imposing certain population caps for resettling refugees

  15. Section 1522 - Authorization for programs for domestic resettlement of and assistance to refugees

    8 U.S.C. § 1522   Cited 37 times   2 Legal Analyses
    Requiring nonprofit agencies to notify local welfare offices of refugees' employment offers and provide documentation regarding receipt of cash assistance and other services

  16. Section 1521 - Office of Refugee Resettlement; establishment; appointment of Director; functions

    8 U.S.C. § 1521   Cited 31 times

    (a) There is established, within the Department of Health and Human Services, an office to be known as the Office of Refugee Resettlement (hereinafter in this subchapter referred to as the "Office"). The head of the Office shall be a Director (hereinafter in this subchapter referred to as the "Director"), to be appointed by the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the "Secretary"). (b) The function of the Office and its Director is to fund and administer

  17. Section 400.5 - Content of the plan

    45 C.F.R. § 400.5   Cited 3 times

    The plan must: (a) Provide for the designation of, and describe the organization and functions of, a State agency (or agencies) responsible for developing the plan and administering, or supervising the administration of, the plan; (b) Describe how the State will coordinate cash and medical assistance with support services to ensure their successful use to encourage effective refugee resettlement and to promote employment and economic self-sufficiency as quickly as possible. (c) Describe how the State

  18. Section 400.4 - Purpose of the plan

    45 C.F.R. § 400.4   Cited 2 times

    (a) In order for a State to receive refugee resettlement assistance from funds appropriated under section 414 of the Act, it must submit to ORR a plan that meets the requirements of title IV of the Act and of this part and that is approved under §400.8 of this part. (b) A State must certify no later than 30 days after the beginning of each Federal fiscal year that the approved State plan is current and continues in effect. If a State wishes to change its plan, a State must submit a proposed amendment