78 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,213 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,995 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  3. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,191 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
  4. United States v. Lopez

    514 U.S. 549 (1995)   Cited 2,377 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. Gonzales v. Raich

    545 U.S. 1 (2005)   Cited 1,146 times   46 Legal Analyses
    Holding that because “Congress had a rational basis” for concluding that a statute implements Commerce Clause power, the statute falls within the scope of congressional “authority to ‘make all Laws which shall be necessary and proper’ to ‘regulate Commerce ... among the several States' ”
  6. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,291 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"
  7. U.S. v. Morrison

    529 U.S. 598 (2000)   Cited 1,268 times   10 Legal Analyses
    Holding that Congress exceeded its interstate commerce powers in enacting a civil remedy for victims of gender-motivated violence
  8. Rosenberger v. Rector & Visitors of University of Virginia

    515 U.S. 819 (1995)   Cited 1,309 times   5 Legal Analyses
    Holding that the Establishment Clause does not bar disbursement of funds from student activity fees to religious organizations
  9. Wisconsin v. Yoder

    406 U.S. 205 (1972)   Cited 2,648 times   7 Legal Analyses
    Holding that Wisconsin could not compel school attendance beyond the eighth grade because doing so would "grave[ly] interfere[] with important Amish religious tenets" and "the traditional interest of parents with respect to the religious upbringing of their children"
  10. Thomas v. Review Bd. of the Ind. Emp't Sec. Div.

    450 U.S. 707 (1981)   Cited 1,648 times   5 Legal Analyses
    Holding that "it is not within the judicial function and judicial competence to inquire whether the petitioner or [another member of his faith] more correctly perceived the commands of their common faith," because "[c]ourts are not arbiters of scriptural interpretation"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 347,669 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,607 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  13. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,549 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”
  14. Section 7421 - Prohibition of suits to restrain assessment or collection

    26 U.S.C. § 7421   Cited 2,006 times   13 Legal Analyses
    Banning injunctions against future tax collection, subject to enumerated exceptions
  15. Section 2000bb - Congressional findings and declaration of purposes

    42 U.S.C. § 2000bb   Cited 1,545 times   18 Legal Analyses
    Finding that in Smith, "the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion"
  16. Section 1395dd - Examination and treatment for emergency medical conditions and women in labor

    42 U.S.C. § 1395dd   Cited 1,373 times   42 Legal Analyses
    Providing for civil penalties of up to $50,000 for a physician who "signs a certification under subsection (c) ... if the physician knew or should have known that the benefits did not outweigh the risks"
  17. Section 2000cc-5 - Definitions

    42 U.S.C. § 2000cc-5   Cited 1,191 times   10 Legal Analyses
    Recognizing an individual religious practice is not defined by the practices of others in the context of the Religious Land Use and Institutionalized Persons Act
  18. Section 2000bb-1 - Free exercise of religion protected

    42 U.S.C. § 2000bb-1   Cited 1,124 times   27 Legal Analyses
    Providing for "appropriate relief" in judicial suit
  19. Section 201 - Definitions

    42 U.S.C. § 201   Cited 232 times   6 Legal Analyses
    Defining "Secretary" as Secretary of HHS
  20. Section 2000bb-2 - Definitions

    42 U.S.C. § 2000bb-2   Cited 213 times   2 Legal Analyses
    Cross-referencing § 2000cc–5