§Why CasetextPricing

National Rifle Association of America, Inc., et al v. McCraw et al

Brief/Memorandum in Support

20 Cited authorities

  1. Babbitt v. Farm Workers

    442 U.S. 289 (1979)   Cited 1,929 times
    Holding a case justiciable even though the plaintiffs disavowed any intent to "propagate untruths"

  2. Virginia v. American Booksellers Assn

    484 U.S. 383 (1988)   Cited 825 times   1 Legal Analyses
    Holding that the plaintiffs had standing because they faced immediate compliance costs and the government did not "suggest[] that the newly enacted law will not be enforced," with the Court seeing "no need to assume otherwise"

  3. Doe v. Bolton

    410 U.S. 179 (1973)   Cited 1,026 times   1 Legal Analyses
    Holding that physicians had standing to challenge abortion statute

  4. Ex Parte Young

    209 U.S. 123 (1908)   Cited 11,199 times   25 Legal Analyses
    Holding that federal courts may enjoin state officials to conform their conduct to federal law

  5. Okpalobi v. Foster

    244 F.3d 405 (5th Cir. 2001)   Cited 378 times
    Holding that Young applies where "the defendant state official . . . at least [has] the ability to act"

  6. K.P. v. Leblanc

    627 F.3d 115 (5th Cir. 2010)   Cited 196 times   1 Legal Analyses
    Holding that although plaintiffs' liability for suits had not yet materialized, "future events which are sufficiently likely to occur [may] serve as a basis for standing when the plaintiffs . . . are seeking injunctive relief"

  7. U.S. v. Ferguson

    211 F.3d 878 (5th Cir. 2000)   Cited 93 times   1 Legal Analyses
    Finding that uncertain in-court identification combined with out-of-court identification and possession of same type of firearm was enough to permit the inference of guilt

  8. Citizens for Equal Protection v. Bruning

    455 F.3d 859 (8th Cir. 2006)   Cited 69 times
    Holding that plaintiffs had "satisfie[d] the case or controversy requirement of Article III" by showing that the defendants fell within the Ex parte Young exception

  9. 1st Westco Corp. v. School Dist. of Philadelphia

    6 F.3d 108 (3d Cir. 1993)   Cited 83 times
    Holding that "Commonwealth Officials' general duty to enforce the laws of the Commonwealth of Pennsylvania," standing alone, was "not . . . a proper predicate for liability"

  10. Mobil Oil Corp. v. Attorney General of Virginia

    940 F.2d 73 (4th Cir. 1991)   Cited 50 times
    Holding that pre-enforcement suit could proceed against a state attorney general where the attorney general had “an independent power to enforce” the statute through civil actions in the name of the Commonwealth to enjoin any violation

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  12. Section 2 - Judicial Power and Jurisdiction

    U.S. Const. art. III, § 2   Cited 11,007 times   4 Legal Analyses
    Granting federal courts power only to resolve “cases” and “controversies”

  13. Section Amendment XI - Suits Against States

    U.S. Const. amend. XI   Cited 6,176 times
    Granting states immunity from cases "against one of the United States"

  14. Section 46.02 - Unlawful Carrying Weapons

    Tex. Pen. Code § 46.02   Cited 193 times
    Providing that a person commits an offense if he "intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle … that is owned by the person or under the person’s control at any time in which the person is engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating"

  15. Section 411.172 - Eligibility

    Tex. Gov't Code § 411.172   Cited 31 times
    Allowing an 18-to-20-year-old to become "eligible for a license to carry a handgun if the person is protected under an active protected order" issued under the Texas Family Code or Texas Code of Criminal Procedure

  16. Section 411.002 - Department of Public Safety of the State of Texas

    Tex. Gov't Code § 411.002   Cited 26 times
    Establishing DPS as agency of State

  17. Section 411.006 - Duties of Director

    Tex. Gov't Code § 411.006   Cited 3 times

    (a) The director shall: (1) be directly responsible to the commission for the conduct of the department's affairs; (2) act as executive director of the department; (3) act with the commission in an advisory capacity, without vote; (4) adopt rules, subject to commission approval, considered necessary for the control of the department; (5) issue commissions as law enforcement officers, under the commission's direction, to all members of the Texas Rangers and the Texas Highway Patrol and to other officers

  18. Section 411.032 - Powers and Duties of Officers

    Tex. Gov't Code § 411.032   Cited 2 times

    In addition to the powers and duties provided by law for the officers, noncommissioned officers, and enlisted persons of the Texas Highway Patrol, they have the powers and authority provided by law for members of the Texas Rangers force. Tex. Gov't. Code § 411.032 Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. 9/1/1987.

  19. Section 411.062 - Law Enforcement and Security Authority

    Tex. Gov't Code § 411.062   Cited 1 times

    (a) The department has primary responsibility for law enforcement and security services on the Capitol Complex. (b) Subsection (a) does not prohibit the department from requesting or receiving assistance from another law enforcement agency. (c) This section does not prohibit a peace officer who is not a member of the department from exercising the officer's authority on the Capitol Complex in an emergency or in a situation where the officer reasonably believes that immediate action is necessary.

  20. Section 411.031 - Composition

    Tex. Gov't Code § 411.031

    The Texas Highway Patrol is a division of the department consisting of the chief patrol officer, the number of captains, sergeants, and privates authorized by the legislature, and administrative and clerical help as the commission determines. A person's literary attainment does not preclude the person's appointment as a private if the person is otherwise qualified. The chief patrol officer is the executive officer of the patrol. Officers are entitled to compensation as provided by the legislature