75 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,597 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,563 times 364 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' "
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,738 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"
Gonzaga University v. Doe
536 U.S. 273 (2002) Cited 3,195 times 9 Legal Analyses
Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"
Alexander v. Sandoval
532 U.S. 275 (2001) Cited 2,629 times 35 Legal Analyses
Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"
Allen v. Wright
468 U.S. 737 (1984) Cited 4,750 times 9 Legal Analyses
Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
Wyeth v. Levine
555 U.S. 555 (2009) Cited 1,429 times 101 Legal Analyses
Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
Gonzales v. Raich
545 U.S. 1 (2005) Cited 1,143 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' ”
Linda R. S. v. Richard D
410 U.S. 614 (1973) Cited 3,529 times 1 Legal Analyses
Holding that a mother lacked standing to seek an injunction to force the prosecution of her child’s father for failing to pay child support, reasoning that because prosecution would result only in the father being jailed, it was overly "speculative" whether an injunction would result in future child support payments
Cannon v. University of Chicago
441 U.S. 677 (1979) Cited 2,343 times 8 Legal Analyses
Holding that Title IX of the Education Amendments of 1972 created a private right of action for victims of education discrimination
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 344,659 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 90,590 times 145 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 60,065 times 181 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
Section 801 - Congressional findings and declarations: controlled substances
21 U.S.C. § 801 Cited 7,244 times 76 Legal Analyses
Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances
Section 881 - Forfeitures
21 U.S.C. § 881 Cited 4,856 times 7 Legal Analyses
Adopting five-year statute of limitations of 19 U.S.C. § 1621
Section 862 - Denial of Federal benefits to drug traffickers and possessors
21 U.S.C. § 862 Cited 387 times 1 Legal Analyses
Providing that individuals convicted of drug offenses may be denied federal benefits including grants, contracts, loans, professional licenses, and commercial licenses
Section 903 - Application of State law
21 U.S.C. § 903 Cited 119 times 5 Legal Analyses
Providing that federal forfeiture law should not be "construed as indicating an intent on the part of Congress to occupy the field in which that provision operates, . . . unless there is a positive conflict" between federal and state law
Section 885 - Burden of proof; liabilities
21 U.S.C. § 885 Cited 101 times 2 Legal Analyses
Immunizing federal, state and local officials from civil or criminal liability when they are "lawfully engaged in the enforcement" of federal drug laws
Section 878 - Powers of enforcement personnel
21 U.S.C. § 878 Cited 88 times
Authorizing a DEA agent to "make arrests without warrant . . . for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony"
Section 871 - Attorney General
21 U.S.C. § 871 Cited 61 times
Permitting delegation

Smith et al v. Hickenlooper

75 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

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"

Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"

Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

Holding that Title IX of the Education Amendments of 1972 created a private right of action for victims of education discrimination

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

Adopting five-year statute of limitations of 19 U.S.C. § 1621

Providing that individuals convicted of drug offenses may be denied federal benefits including grants, contracts, loans, professional licenses, and commercial licenses

Providing that federal forfeiture law should not be "construed as indicating an intent on the part of Congress to occupy the field in which that provision operates, . . . unless there is a positive conflict" between federal and state law

Immunizing federal, state and local officials from civil or criminal liability when they are "lawfully engaged in the enforcement" of federal drug laws

Authorizing a DEA agent to "make arrests without warrant . . . for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony"

Permitting delegation