§Why CasetextPricing

State National Bank of Big Spring et al v. Geithner et al

RESPONSE re Cross MOTION for Summary Judgment and Dismissal

54 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,088 times   139 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. City of Boerne v. Flores

    521 U.S. 507 (1997)   Cited 1,803 times   21 Legal Analyses
    Holding that RFRA is unconstitutional in so far as it permits suits against state actors

  3. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 1,099 times   27 Legal Analyses
    Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"

  4. Free Enterprise Fund v. Public Company

    561 U.S. 477 (2010)   Cited 546 times   88 Legal Analyses
    Holding unconstitutional tenure provisions protecting executive officer, but concluding "the existence of the Board does not violate the separation of powers"

  5. Freytag v. Commissioner

    501 U.S. 868 (1991)   Cited 929 times   63 Legal Analyses
    Holding that a Tax Court special trial judge is an "inferior officer" even though "special trial judges ... render [final] decisions of the Tax Court in [certain] cases"

  6. Office of Personnel Management v. Richmond

    496 U.S. 414 (1990)   Cited 798 times   2 Legal Analyses
    Holding that "judicial use of the equitable doctrine of estoppel cannot grant . . . a money remedy that Congress has not authorized"

  7. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 579 times   22 Legal Analyses
    Holding an independent counsel to be an inferior officer

  8. Ryder v. United States

    515 U.S. 177 (1995)   Cited 395 times   11 Legal Analyses
    Holding that petitioner "is entitled to a hearing before a properly appointed panel" of military court

  9. Bowsher v. Synar

    478 U.S. 714 (1986)   Cited 513 times   2 Legal Analyses
    Holding that the Comptroller General was not an executive officer and could not exercise executive power granted to him by statute

  10. Federal Election Commission v. NRA Political Victory Fund

    513 U.S. 88 (1994)   Cited 97 times
    Holding that the Solicitor General's ratification of an unauthorized petition for certiorari could not cure a failure to meet the “mandatory and jurisdictional” 90–day deadline to file a petition

  11. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,103 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  12. Section 41 - Federal Trade Commission established; membership; vacancies; seal

    15 U.S.C. § 41   Cited 781 times   46 Legal Analyses
    Granting FTC the power to "make rules and regulations for the purpose of carrying out the provisions of this [Act]," 15 U.S.C. § 46(g) (West Supp. 1986)

  13. Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

    7 U.S.C. § 2   Cited 511 times   54 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

  14. Section 552b - Open meetings

    5 U.S.C. § 552b   Cited 202 times   3 Legal Analyses
    Noting permitted exceptions for closed meetings

  15. Section 4511 - Establishment of the Federal Housing Finance Agency

    12 U.S.C. § 4511   Cited 173 times
    Establishing FHFA as "an independent agency of the Federal Government"

  16. Section 154 - Federal Communications Commission

    47 U.S.C. § 154   Cited 151 times   2 Legal Analyses
    Empowering the FCC to “make such rules and regulations ... as may be necessary in the execution of its functions”

  17. Section 1462a - Administrative provisions

    12 U.S.C. § 1462a   Cited 118 times
    In 12 U.S.C. § 1462a(b), Congress delegated to the board's successor, the Office of Thrift Supervision, authority to "prescribe such regulations and issue such orders as the Director may determine to be necessary for carrying out this chapter....

  18. Section 5481 - Definitions

    12 U.S.C. § 5481   Cited 106 times   69 Legal Analyses
    Listing eighteen statutes transferred to the CFPB’s jurisdiction

  19. Section 1752a - National Credit Union Administration

    12 U.S.C. § 1752a   Cited 66 times
    Establishing "in the executive branch of the Government an independent agency to be known as the National Credit Union Administration"

  20. Section 4512 - Director

    12 U.S.C. § 4512   Cited 63 times
    Discussing the manner for selecting a new Director to fill a vacancy