§Why CasetextPricing

Smith v. Obama et al

MEMORANDUM in Opposition re MOTION for Preliminary Injunction

101 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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

  2. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,785 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,840 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"

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,740 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  5. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,057 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  6. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,007 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

  7. United States v. Jones

    565 U.S. 400 (2012)   Cited 1,863 times   109 Legal Analyses
    Holding that installation of a tracking device was "a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted"

  8. Mazurek v. Armstrong

    520 U.S. 968 (1997)   Cited 3,350 times   2 Legal Analyses
    Holding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion

  9. Katz v. United States

    389 U.S. 347 (1967)   Cited 12,475 times   74 Legal Analyses
    Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

  10. Rakas v. Illinois

    439 U.S. 128 (1978)   Cited 6,384 times   27 Legal Analyses
    Holding that the determinative question is "whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place"

  11. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,366 times   36 Legal Analyses
    Adopting the definition given in Section 551

  12. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,053 times   24 Legal Analyses
    Granting judicial review of "agency action"

  13. Section 2703 - Required disclosure of customer communications or records

    18 U.S.C. § 2703   Cited 1,204 times   100 Legal Analyses
    Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

  14. Section 1806 - Use of information

    50 U.S.C. § 1806   Cited 169 times   4 Legal Analyses
    Allowing in camera , ex parte review of the legality of electronic surveillance under FISA Subchapter I if "the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States"

  15. Section 1803 - Designation of judges

    50 U.S.C. § 1803   Cited 68 times   1 Legal Analyses

    (a) Court to hear applications and grant orders; record of denial; transmittal to court of review (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under

  16. Section 2712 - Civil actions against the United States

    18 U.S.C. § 2712   Cited 58 times   1 Legal Analyses
    Providing that "any person who is aggrieved by any willful violation of this chapter . . . may commence an action in United States District Court against the United States to recover money damages."

  17. Section 1825 - Use of information

    50 U.S.C. § 1825   Cited 35 times

    (a) Compliance with minimization procedures; lawful purposes Information acquired from a physical search conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No information acquired from a physical search pursuant to this subchapter may be used or disclosed by Federal officers or employees

  18. Section 1861 - Definitions

    50 U.S.C. § 1861   Cited 33 times   6 Legal Analyses
    Providing that "[n]o person shall disclose to any other person that the [FBI] has sought or obtained tangible things pursuant to an order under" Title V of FISA

  19. Section 1845 - Use of information

    50 U.S.C. § 1845   Cited 9 times

    (a) In general (1) Information acquired from the use of a pen register or trap and trace device installed pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this section. (2) No information acquired from a pen register or trap and trace device installed and used pursuant to this subchapter may be used or disclosed by Federal officers or

  20. Section 1842 - Pen registers and trap and trace devices for foreign intelligence and international terrorism investigations

    50 U.S.C. § 1842   Cited 7 times
    Pertaining to international terrorism and counterintelligence investigations