§Why CasetextPricing

Gill et al v. Office of Personnel Management et al

MEMORANDUM in Support re MOTION for Summary Judgment, 20 MOTION to Dismiss Opposition

102 Cited authorities

  1. Turner v. Safley

    482 U.S. 78 (1987)   Cited 10,168 times   11 Legal Analyses
    Holding a regulation unconstitutional after noting that the prison "pointed to nothing in the record suggesting" the existence of a rational connection between the regulation and the asserted government interest and that "[c]ommon sense likewise suggests that there is no [such] connection"

  2. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,713 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  3. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,128 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"

  4. United States v. Lopez

    514 U.S. 549 (1995)   Cited 2,375 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 2,343 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 2,230 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. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,160 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  8. Stanley v. Illinois

    405 U.S. 645 (1972)   Cited 5,110 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

  9. Plyler v. Doe

    457 U.S. 202 (1982)   Cited 3,017 times   15 Legal Analyses
    Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens

  10. Unified School Dist. v. Newdow

    542 U.S. 1 (2004)   Cited 1,203 times   2 Legal Analyses
    Holding that the plaintiff lacked standing because the interests of the plaintiff and the right-holder were "potentially in conflict"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,363 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 416 - Additional definitions

    42 U.S.C. § 416   Cited 10,356 times   3 Legal Analyses
    Referring simply to "the child ... of an individual"

  13. Rule 501 - Privilege in General

    Fed. R. Evid. 501   Cited 4,134 times   21 Legal Analyses
    Recognizing that "in a civil case, state law governs privilege regarding a claim or defense for which state law supplies the rule of decision"

  14. Section 7703 - Judicial review of decisions of the Merit Systems Protection Board

    5 U.S.C. § 7703   Cited 3,639 times   6 Legal Analyses
    Granting sixty days to appeal a decision of the MSPB

  15. Section 8901 - Definitions

    5 U.S.C. § 8901   Cited 327 times   3 Legal Analyses
    Defining "carrier" as an organization "lawfully engaged in providing, paying for, or reimbursing the cost of, health services . . . in consideration of premiums or other periodic charges payable to the carrier"

  16. Section 101 - Definitions

    38 U.S.C. § 101   Cited 258 times   3 Legal Analyses
    Restricting "veteran" status to person "discharged or released ... under conditions other than dishonorable"

  17. Section 7 - Marriage

    1 U.S.C. § 7   Cited 152 times   9 Legal Analyses
    Containing no money-mandating provisions

  18. Section 1430 - Married persons and employees of certain nonprofit organizations

    8 U.S.C. § 1430   Cited 121 times
    Authorizing the naturalization of "[a]ny person who is the surviving spouse, child, or parent of a United States citizen, whose citizen spouse, parent, or child dies during a period of honorable service in an active duty status in the Armed Forces of the United States"

  19. Section 1738C - Certain acts, records, and proceedings and the effect thereof

    28 U.S.C. § 1738C   Cited 85 times   7 Legal Analyses
    Giving states the power to refuse to recognize same-sex marriages entered into in other states

  20. Section 1186b - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children

    8 U.S.C. § 1186b   Cited 60 times   1 Legal Analyses
    In § 1186b(b)(2) and § 1186b(c)(3)(D), the statute allows "[a ]ny alien whose permanent resident status is terminated," to request a review of the termination.

  21. Section 825.800 - Special rules for airline flight crew employees, general

    29 C.F.R. § 825.800   Cited 39 times   2 Legal Analyses
    Defining "intermittent leave"

  22. Section 3.1 - Definitions

    38 C.F.R. § 3.1   Cited 39 times
    Defining "claim" as "a written or electronic communication requesting a determination of entitlement or evidencing a belief in entitlement, to a specific benefit under the laws administered by the [VA] submitted on an application form prescribed by the Secretary"

  23. Section 404.345 - Your relationship as wife, husband, widow, or widower under State law

    20 C.F.R. § 404.345   Cited 28 times

    To decide your relationship as the insured's wife or husband, we look to the laws of the State where the insured had a permanent home when you applied for wife's or husband's benefits. To decide your relationship as the insured's widow or widower, we look to the laws of the State where the insured had a permanent home when he or she died. If the insured's permanent home is not or was not in one of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa, we look

  24. Section 825.122 - Definitions of covered servicemember, spouse, parent, son or daughter, next of kin of a covered servicemember, adoption, foster care, son or daughter on covered active duty or call to covered active duty status, son or daughter of a covered servicemember, and parent of a covered servicemember

    29 C.F.R. § 825.122   Cited 23 times   22 Legal Analyses
    Defining “spouse” for purposes of FMLA leave as “a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized”

  25. Section 237.50 - Recipient count, Federal financial participation

    45 C.F.R. § 237.50   Cited 6 times

    Pursuant to the formulas in sections 3, 403, 1003, 1118, 1121, 1403, and 1603 of the Social Security Act, it is necessary to identify expenditures that may be included in claims for Federal financial participation. The quarterly statement of expenditures and recoveries which is required for OAA, AFDC, AB, APTD, and AABD must include, as a part of the basis for computing the amount of Federal participation in such expenditures, the number of eligible recipients each month. However, where the State

  26. Section 843.102 - Definitions

    5 C.F.R. § 843.102   Cited 3 times
    Defining “spouse” for purposes of federal employee benefits by reference to state law

  27. Section 222.11 - Determination of marriage relationship

    20 C.F.R. § 222.11   Cited 2 times

    A claimant will be considered to be the husband, wife, or widow(er) of an employee if the law of the State in which the employee has or had a permanent home would recognize that the claimant and employee were validly married, or if a deemed marriage is established. (a) Generally, State courts will find that a claimant and employee were validly married if- (1) The employee and claimant were married in a civil or religious ceremony (see § 222.12 ) or (2) The employee and claimant live together in a

  28. Section 10.415 - What must a beneficiary do if the number of beneficiaries decreases?

    20 C.F.R. § 10.415   Cited 2 times

    The circumstances under which compensation on account of death shall be terminated are described in 5 U.S.C. 8133(b) . A beneficiary in a claim for death benefits should promptly notify OWCP of any event which would affect his or her entitlement to continued compensation. The terms "marriage" and "remarriage" include common-law marriage as recognized and defined by State law in the State where the beneficiary resides. If a beneficiary, or someone acting on his or her behalf, receives a check or electronic

  29. Section 219.30 - When evidence of marriage is required

    20 C.F.R. § 219.30   Cited 2 times

    (a)When an application is filed for benefits. Documentary evidence of marriage is required when an individual files for a monthly annuity, lump-sum death payment, residual lump sum, or Medicare coverage, as the wife, husband, widow, widower, divorced spouse or surviving divorced spouse, or stepparent of the employee. A claimant may also be required to submit evidence of another person's marriage when that person's marriage is necessary to determine the applicant's entitlement to benefits under the

  30. Section 1201.119 - OPM petition for reconsideration

    5 C.F.R. § 1201.119   Cited 1 times

    (a)Criteria. Under 5 U.S.C. 7703(d) , the Director of the Office of Personnel Management may file a petition for reconsideration of a Board final decision if he or she determines: (1) That the Board erred in interpreting a civil service law, rule, or regulation affecting personnel management, and (2) That the Board's decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. (b)Time limit. The Director must file the petition for reconsideration within 35