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State of Nevada et al v. United States Department of Labor et al

RESPONSE in Opposition re Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration

92 Cited authorities

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

    555 U.S. 7 (2008)   Cited 16,916 times   66 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,366 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts

  3. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,204 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  4. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,040 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  5. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,101 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

  6. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,656 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]'"

  7. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,600 times   30 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  8. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,342 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  9. United States v. Lopez

    514 U.S. 549 (1995)   Cited 2,381 times   21 Legal Analyses
    Holding that the Gun-Free School Zones Act "exceeds the authority of Congress to ‘regulate Commerce’ " as it "neither regulates a commercial activity nor" "contains jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce" (quoting U.S. Const. Art. I § 8 cl. 3 )

  10. Nat'l Fed'n of Indep. Bus. v. Sebelius

    567 U.S. 519 (2012)   Cited 961 times   67 Legal Analyses
    Holding that the Patient Protection and Affordable Care Act of 2010 was not a valid exercise of the Commerce Clause power after focusing solely on whether it regulated "economic activity" without discussing the remaining Morrison factors

  11. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,513 times   228 Legal Analyses
    Establishing overtime rules

  12. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,868 times   100 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”

  13. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,824 times   274 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  14. Section 213 - Exemptions

    29 U.S.C. § 213   Cited 4,622 times   254 Legal Analyses
    Exempting salaried employees from the FLSA's overtime pay requirement

  15. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,098 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  16. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,114 times   5 Legal Analyses
    Finding that domestic service employees affect commerce

  17. Section 801 - Congressional review

    5 U.S.C. § 801   Cited 68 times   77 Legal Analyses
    Precluding a court from inferring any intent of Congress from any inaction by Congress after an agency's submission of a proposed rule

  18. Section 541.303 - Teachers

    29 C.F.R. § 541.303   Cited 59 times   26 Legal Analyses
    Applying FLSA exemption to certain categories of teachers