§Why CasetextPricing

League of Women Voters of The United States et al v. Newby et al

Cross MOTION for Summary Judgment

67 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,634 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  2. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,893 times   18 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

  3. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 1,043 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  4. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,390 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  5. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,962 times   1 Legal Analyses
    Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

  6. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,142 times   14 Legal Analyses
    Holding that reviewing court may consider only grounds invoked by agency

  7. Kleppe v. Sierra Club

    427 U.S. 390 (1976)   Cited 1,017 times   2 Legal Analyses
    Holding that role of court in reviewing agency action under NEPA is to ensure agency has taken a "hard look" at environmental consequences; the court cannot "interject itself within the area of discretion of the executive as to the choice of the action to be taken."

  8. Perez v. Mortg. Bankers Ass'n

    575 U.S. 92 (2015)   Cited 275 times   32 Legal Analyses
    Holding that the APA "mandate that agencies use the same procedures when they amend or repeal a rule as they used to issue the rule in the first instance"

  9. Shalala v. Guernsey Memorial Hospital

    514 U.S. 87 (1995)   Cited 424 times   8 Legal Analyses
    Holding that interpretive rules, which are not subject to the notice and comment procedure, are not accorded the weight that regulations are given

  10. Hamdan v. Rumsfeld

    548 U.S. 557 (2006)   Cited 249 times   3 Legal Analyses
    Holding the military commission procedures established by an executive order invalid

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,443 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,745 times   69 Legal Analyses
    Adopting the definition set out in the APA

  14. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  15. Section 555 - Ancillary matters

    5 U.S.C. § 555   Cited 1,129 times   13 Legal Analyses
    Providing that an agency's notice of denial "shall be accompanied by a brief statement of the grounds for denial"

  16. Section 20501 - Findings and purposes

    52 U.S.C. § 20501   Cited 106 times
    Finding "it is the duty of the Federal, State, and local governments to promote the exercise of that right" to vote

  17. Section 15483 - Transferred

    42 U.S.C. § 15483   Cited 54 times

    42 U.S.C. § 15483 EDITORIAL NOTES CODIFICATIONSection 15483 was editorially reclassified as section 21083 of Title 52, Voting and Elections.

  18. Section 21083 - Computerized statewide voter registration list requirements and requirements for voters who register by mail

    52 U.S.C. § 21083   Cited 39 times
    Allowing first time voters to vote by mail if they submit identification with their mail ballot, exempting voters who registered by mail but submitted a copy of their registration with that identification

  19. Section 20508 - Federal coordination and regulations

    52 U.S.C. § 20508   Cited 24 times

    (a) In general The Election Assistance Commission- (1) in consultation with the chief election officers of the States, shall prescribe such regulations as are necessary to carry out paragraphs (2) and (3); (2) in consultation with the chief election officers of the States, shall develop a mail voter registration application form for elections for Federal office; (3) not later than June 30 of each odd-numbered year, shall submit to the Congress a report assessing the impact of this chapter on the

  20. Section 1973gg-7 - Transferred

    42 U.S.C. § 1973gg-7   Cited 19 times
    Requiring certain voter registration forms to state or specify “each eligibility requirement ( including citizenship )”

  21. Section 7-23-15 - Incomplete applications for voter registration

    Kan. Admin. Regs. § 7-23-15   Cited 8 times

    (a) If the county election officer assessing an application for voter registration determines that the application does not contain the information required by law, including satisfactory evidence of United States citizenship, the county election officer shall designate the application as incomplete. Each county election office shall maintain a list of incomplete applications for voter registration. (b) Any voter registration applicant whose voter registration application has been designated as incomplete

  22. Section 9428.3 - General information

    11 C.F.R. § 9428.3   Cited 5 times

    (a) The national mail voter registration form shall consist of three components: An application, which shall contain appropriate fields for the applicant to provide all of the information required or requested under 11 CFR 9428.4 ; general instructions for completing the application; and accompanying state-specific instructions. (b) The state-specific instructions shall contain the following information for each state, arranged by state: the address where the application should be mailed and information

  23. Section 9428.4 - Contents

    11 C.F.R. § 9428.4   Cited 5 times

    (a)Information about the applicant. The application shall provide appropriate fields for the applicant's: (1) Last, first, and middle name, any suffix, and (optional) any prefix; (2) Address where the applicant lives including: street number and street name, or rural route with a box number; apartment or unit number; city, town, or village name; state; and zip code; with instructions to draw a locational map if the applicant lives in a rural district or has a non-traditional residence, and directions

  24. Section 9428.6 - Chief state election official

    11 C.F.R. § 9428.6   Cited 1 times

    (a) Each chief state election official shall certify to the Commission within 30 days after July 25, 1994: (1) All voter registration eligibility requirements of that state and their corresponding state constitution or statutory citations, including but not limited to the specific state requirements, if any, relating to minimum age, length of residence, reasons to disenfranchise such as criminal conviction or mental incompetence, and whether the state is a closed primary state. (2) Any voter identification