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Mark Boal et al v. United States of America et al

MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to issuance and enforcement of a subpoena 9

66 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,869 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Younger v. Harris

    401 U.S. 37 (1971)   Cited 16,810 times   14 Legal Analyses
    Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"

  3. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,308 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  4. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,638 times   2 Legal Analyses
    Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"

  5. Heckler v. Ringer

    466 U.S. 602 (1984)   Cited 1,756 times   2 Legal Analyses
    Holding that plaintiffs' claims were not wholly collateral to a statutory scheme of administrative and judicial review of Medicare payment decisions, where plaintiffs' constitutional and statutory challenge to an agency's procedure for reaching payment decisions was "at bottom" an attempt to reverse the agency's decision to deny payment

  6. United States v. Zolin

    491 U.S. 554 (1989)   Cited 1,113 times   12 Legal Analyses
    Holding that in camera review may be used to probe crime-fraud challenges to attorney-client privilege

  7. Branzburg v. Hayes

    408 U.S. 665 (1972)   Cited 1,810 times   6 Legal Analyses
    Holding that government need not “demonstrate some ‘compelling need’ for a newsman's testimony”

  8. Franklin v. Massachusetts

    505 U.S. 788 (1992)   Cited 753 times   3 Legal Analyses
    Holding that the decennial census report was not subject to judicial review, because it carried "no direct consequences for the reapportionment," and the President was "not expressly required to adhere to the policy decisions reflected in the Secretary's report"

  9. Department of Army v. Blue Fox, Inc.

    525 U.S. 255 (1999)   Cited 601 times   2 Legal Analyses
    Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

  10. United States v. Denedo

    556 U.S. 904 (2009)   Cited 422 times   6 Legal Analyses
    Finding that a military court's jurisdiction to issue the writ of coram nobis "derives from the earlier jurisdiction it exercised to hear and determine the validity of the conviction on direct review"

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,772 times   136 Legal Analyses
    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."

  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,602 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  13. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 11,063 times   60 Legal Analyses
    Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"

  14. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,392 times   36 Legal Analyses
    Adopting the definition given in Section 551

  15. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,079 times   24 Legal Analyses
    Granting judicial review of "agency action"

  16. Section 885 - Art. 85. Desertion

    10 U.S.C. § 885   Cited 42 times   1 Legal Analyses

    (a) Any member of the armed forces who- (1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another one of the armed forces without fully disclosing the fact that he has not been

  17. Section 1259 - Court of Appeals for the Armed Forces; certiorari

    28 U.S.C. § 1259   Cited 33 times   2 Legal Analyses
    Defining terms for writ of certiorari to the Supreme Court from Court of Appeals for the Armed Forces

  18. Section 846 - Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial

    10 U.S.C. § 846   Cited 14 times   3 Legal Analyses

    (a) OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE.-In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. (b) SUBPOENA AND OTHER PROCESS GENERALLY.-Any subpoena or other process issued under this section (article)- (1) shall be similar to that which courts of the United States having criminal jurisdiction

  19. Section 899 - Art. 99. Misbehavior before the enemy

    10 U.S.C. § 899   Cited 5 times

    Any member of the armed forces who before or in the presence of the enemy- (1) runs away; (2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend; (3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (4) casts away his arms or ammunition; (5) is guilty of cowardly conduct; (6) quits his place of duty to plunder or pillage; (7) causes false

  20. Section 847 - Art. 47. Refusal of person not subject to chapter to appear, testify, or produce evidence

    10 U.S.C. § 847   Cited 3 times

    (a) IN GENERAL.- (1) Any person described in paragraph (2) who- (A) willfully neglects or refuses to appear; or (B) willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is required to produce; is guilty of an offense against the United States. (2) The persons referred to in paragraph (1) are the following: (A) Any person not subject to this chapter who- (i) is issued a subpoena or other process described in subsection (c) of section 846 of this title

  21. Section 50.10 - Policy regarding obtaining information from or records of members of the news media; and regarding questioning, arresting, or charging members of the news media

    28 C.F.R. § 50.10   Cited 37 times
    Noting "the intent of this Section to protect freedom of the press, news gathering functions, and news media sources . . ."