57 Cited authorities

Pierce v. Underwood
487 U.S. 552 (1988) Cited 9,080 times 9 Legal Analyses
Holding that when Congress reenacts a statute without changing its language, and when there is no indication that “Congress thought it was doing anything ... except reenacting and making permanent” the earlier legislation, a court should not give weight to legislative history pertaining to the reenactment
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 2,993 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Buckhannon Board Care Home v. West Va. D.H.H.R
532 U.S. 598 (2001) Cited 3,785 times 17 Legal Analyses
Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."
Monsanto Co. v. Geertson Seed Farms
561 U.S. 139 (2010) Cited 1,135 times 13 Legal Analyses
Holding that plaintiffs, alfalfa farmers, had standing based on a causal chain, though plaintiffs did not identify particular alfalfa plants that had been, or would necessarily be, pollinated by bees who carried the genetically engineered gene at issue
United States v. Nordic Village, Inc.
503 U.S. 30 (1992) Cited 1,777 times 3 Legal Analyses
Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"
Lawrence v. Texas
539 U.S. 558 (2003) Cited 1,150 times 33 Legal Analyses
Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment
Rumsfeld v. Forum for Academic
547 U.S. 47 (2006) Cited 807 times 9 Legal Analyses
Holding that nothing about having military recruiters on campus "suggests that law schools agree with any speech by recruiters"
Wayte v. United States
470 U.S. 598 (1985) Cited 1,688 times 3 Legal Analyses
Holding that to prevail on an equal protection claim a plaintiff must show "discriminatory effect" and "discriminatory purpose"
Califano v. Yamasaki
442 U.S. 682 (1979) Cited 1,977 times 12 Legal Analyses
Holding that claimants could bring social security class action "at least so long as the membership of the class is limited to those who meet the requirements of § 205(g)"
White v. New Hampshire Department of Employment Security
455 U.S. 445 (1982) Cited 1,362 times 1 Legal Analyses
Holding attorney's fees request inappropriate under Fed. R. Civ. P. 59(e)
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,731 times 319 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 35,655 times 139 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 2412 - Costs and fees
28 U.S.C. § 2412 Cited 28,534 times 22 Legal Analyses
Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,271 times 193 Legal Analyses
Granting appellate jurisdiction over the denial of an injunction
Section 654 - Minimum service requirement for certain cyberspace occupational specialties
10 U.S.C. § 654 Cited 68 times
Mandating discharge from the Armed Forces of any service member who engages in or intends to engage in homosexual acts

Log Cabin Republicans v. United States of America et al

57 Cited authorities

Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

Holding that the ordinary meaning of "prevailing party" in 42 U.S.C. § 3613(c) and 42 U.S.C. § 12205 allows attorneys’ fees only when there is a "material alteration of the legal relationship of the parties."

Holding that plaintiffs, alfalfa farmers, had standing based on a causal chain, though plaintiffs did not identify particular alfalfa plants that had been, or would necessarily be, pollinated by bees who carried the genetically engineered gene at issue

Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"

Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment

Holding that nothing about having military recruiters on campus "suggests that law schools agree with any speech by recruiters"

Holding that to prevail on an equal protection claim a plaintiff must show "discriminatory effect" and "discriminatory purpose"

Holding that claimants could bring social security class action "at least so long as the membership of the class is limited to those who meet the requirements of § 205(g)"

Holding attorney's fees request inappropriate under Fed. R. Civ. P. 59(e)

Holding that a party may be barred from using a witness if it fails to disclose the witness

Holding an "unrepresented party" to the same standard as an attorney

Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

Granting appellate jurisdiction over the denial of an injunction

Mandating discharge from the Armed Forces of any service member who engages in or intends to engage in homosexual acts