34 Cited authorities

Mathews v. Eldridge
424 U.S. 319 (1976) Cited 15,793 times 42 Legal Analyses
Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
Santosky v. Kramer
455 U.S. 745 (1982) Cited 8,762 times 4 Legal Analyses
Holding that "[b]efore a State may sever ... the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence"
Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.
463 U.S. 29 (1983) Cited 6,645 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]'"
Elrod v. Burns
427 U.S. 347 (1976) Cited 4,232 times 7 Legal Analyses
Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation
Addington v. Texas
441 U.S. 418 (1979) Cited 2,635 times 5 Legal Analyses
Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"
Mullane v. Central Hanover Tr. Co.
339 U.S. 306 (1950) Cited 10,330 times 19 Legal Analyses
Holding that due process requires a hearing "appropriate to the nature of the case"
Thomas Jefferson Univ. v. Shalala
512 U.S. 504 (1994) Cited 1,277 times 5 Legal Analyses
Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"
United States v. New York Telephone Co.
434 U.S. 159 (1977) Cited 894 times 6 Legal Analyses
Holding Rule 41 broad enough to authorize installation and use of pen registers
Woodby v. Immigration Service
385 U.S. 276 (1966) Cited 748 times
Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"
Planned Parenthood of Ind., Inc. v. Comm'r of the Ind. State Dep't of Health
699 F.3d 962 (7th Cir. 2012) Cited 398 times
Holding that 42 U.S.C. § 1396a creates a privately enforceable "right to receive reimbursable medical services from any qualified provider"
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,506 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,488 times 185 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
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"
Section 705 - Relief pending review
5 U.S.C. § 705 Cited 275 times 16 Legal Analyses
Reviewing court “may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings”
Section 1185 - Travel control of citizens and aliens
8 U.S.C. § 1185 Cited 101 times
Requiring U.S. citizens to present proper identification to enter the United States
Section 211a - Authority to grant, issue, and verify passports
22 U.S.C. § 211a Cited 71 times 1 Legal Analyses
Restricting the Executive department from designating a passport as restricted for travel "[u]nless authorized by law"
Section 1504 - Cancellation of United States passports and Consular Reports of Birth
8 U.S.C. § 1504 Cited 30 times
Authorizing the Secretary to cancel passports obtained illegally, fraudulently, or erroneously

Qarwash Mohsn Awad v. John Kerry et al

34 Cited authorities

Holding that "[b]efore a State may sever ... the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence"

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]'"

Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation

Holding that "the individual's interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by proof more substantial than a mere preponderance of the evidence"

Holding that due process requires a hearing "appropriate to the nature of the case"

Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"

Holding Rule 41 broad enough to authorize installation and use of pen registers

Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

Holding that 42 U.S.C. § 1396a creates a privately enforceable "right to receive reimbursable medical services from any qualified provider"

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

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"

Reviewing court “may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings”

Requiring U.S. citizens to present proper identification to enter the United States

Restricting the Executive department from designating a passport as restricted for travel "[u]nless authorized by law"

Authorizing the Secretary to cancel passports obtained illegally, fraudulently, or erroneously