§Why CasetextPricing

Rodearmel v. Clinton et al

Memorandum in opposition to re MOTION to Dismiss

34 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,747 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"

  2. District of Columbia et al. v. Heller

    554 U.S. 570 (2008)   Cited 3,421 times   50 Legal Analyses
    Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"

  3. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,839 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  4. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 4,966 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

  5. Bender v. Williamsport Area School Dist

    475 U.S. 534 (1986)   Cited 2,882 times   1 Legal Analyses
    Holding that a school board member sued in his official capacity was bound by the board’s litigation decisions and could not file his own notice of appeal

  6. Buckley v. Valeo

    424 U.S. 1 (1976)   Cited 3,410 times   37 Legal Analyses
    Holding that a public financing law does not "abridge, restrict, or censor" expression

  7. Schlesinger v. Reservists to Stop the War

    418 U.S. 208 (1974)   Cited 1,135 times   1 Legal Analyses
    Holding that a "generalized interest of all citizens in constitutional governance" cannot confer standing

  8. Ryder v. United States

    515 U.S. 177 (1995)   Cited 394 times   11 Legal Analyses
    Holding that petitioner "is entitled to a hearing before a properly appointed panel" of military court

  9. Board of Education v. Allen

    392 U.S. 236 (1968)   Cited 456 times   2 Legal Analyses
    Holding that the lending by a state to parochial school students of non-sectarian textbooks available to all students is permissible under the Establishment Clause

  10. Kuo-Yun Tao v. Freeh

    27 F.3d 635 (D.C. Cir. 1994)   Cited 497 times
    Holding that "the First Amendment protects government employees from even an act as trivial as failing to hold a birthday party for a public employee . . . when intended to punish her for exercising her free speech rights"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 3901 - Congressional findings and objectives

    22 U.S.C. § 3901   Cited 29 times

    (a) The Congress finds that- (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource

  13. Section 2651a - Organization of Department of State

    22 U.S.C. § 2651a   Cited 15 times
    Giving Secretary "any authority vested by law in any office or official of the Department of State" and tasking him with administering the Foreign Service and Department personnel

  14. Section 4010 - Separation for cause; suspension

    22 U.S.C. § 4010   Cited 10 times

    (a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay (1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault. (2) (A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate

  15. Section 3921 - Administration by Secretary of State

    22 U.S.C. § 3921   Cited 3 times

    (a) Under the direction of the President, the Secretary of State shall administer and direct the Service and shall coordinate its activities with the needs of the Department of State and other agencies. (b) The Secretary of State alone among the heads of agencies utilizing the Foreign Service personnel system shall perform the functions expressly vested in the Secretary of State by this chapter. 22 U.S.C. § 3921 Pub. L. 96-465, title I, §201, Oct. 17, 1980, 94 Stat. 2078. EDITORIAL NOTES REFERENCES

  16. Section 3904 - Functions of Service

    22 U.S.C. § 3904   Cited 1 times

    Members of the Service shall, under the direction of the Secretary- (1) represent the interests of the United States in relation to foreign countries and international organizations, and perform the functions relevant to their appointments and assignments, including (as appropriate) functions under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, other international agreements to which the United States is a party, the laws of the United States, and orders

  17. Section 3942 - Appointments by the President

    22 U.S.C. § 3942   Cited 1 times

    (a) (1) The President may, by and with the advice and consent of the Senate, appoint an individual as a chief of mission, as an ambassador at large, as an ambassador, as a minister, as a career member of the Senior Foreign Service, or as a Foreign Service officer. (2) (A) The President may, by and with the advice and consent of the Senate, confer the personal rank of career ambassador upon a career member of the Senior Foreign Service in recognition of especially distinguished service over a sustained