§Why CasetextPricing

State of Texas, et al. v. United States of America, et al.

RESPONSE

122 Cited authorities

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

    555 U.S. 7 (2008)   Cited 16,736 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,751 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"

  3. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,781 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

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

    523 U.S. 83 (1998)   Cited 10,696 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

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

    528 U.S. 167 (2000)   Cited 7,127 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

  6. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,146 times   49 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

  7. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,494 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  8. Price Waterhouse v. Hopkins

    490 U.S. 228 (1989)   Cited 4,604 times   161 Legal Analyses
    Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"

  9. Munaf v. Geren

    553 U.S. 674 (2008)   Cited 1,642 times   5 Legal Analyses
    Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court

  10. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,335 times   88 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"

  11. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,215 times   168 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  12. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,837 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,406 times   183 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  14. Section 1681 - Sex

    20 U.S.C. § 1681   Cited 4,355 times   79 Legal Analyses
    Referencing application of Title IX prohibitions to school admissions

  15. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,244 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  16. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,089 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  17. Section 1682 - Federal administrative enforcement; report to Congressional committees

    20 U.S.C. § 1682   Cited 225 times
    Providing that a federal agency may terminate funding only after it "has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means"

  18. Section 2000e-12 - Regulations; conformity of regulations with administrative procedure provisions; reliance on interpretations and instructions of Commission

    42 U.S.C. § 2000e-12   Cited 129 times   1 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  19. Section 711 - Unlawful employment practices, employer practices

    Del. Code tit. 19 § 711   Cited 92 times   1 Legal Analyses
    Prohibiting discrimination because of "sex (including pregnancy), sexual orientation," etc.

  20. Section 24-34-401 - Definitions

    Colo. Rev. Stat. § 24-34-401   Cited 89 times   4 Legal Analyses
    Defining "employer" to mean "every . . . person employing persons within the state"

  21. Section 106.31 - Education programs or activities

    34 C.F.R. § 106.31   Cited 43 times   3 Legal Analyses
    Prohibiting institutions covered by Title IX from "[s]ubject[ing] any person to separate or different rules of behavior, sanctions, or other treatment"

  22. Section 106.33 - Comparable facilities

    34 C.F.R. § 106.33   Cited 40 times   16 Legal Analyses

    A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. 34 C.F.R. §106.33 45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020

  23. Section 100.8 - Procedure for effecting compliance

    34 C.F.R. § 100.8   Cited 26 times
    Noting simply that "[i]f there appears to be a failure or threatened failure to comply with this regulation, and if the non-compliance or threatened noncompliance cannot be corrected by informal means, compliance . . . may be effected by the suspension or termination of . . . Federal financial assistance or by any other means authorized by law"

  24. Section 54.410 - Comparable facilities

    28 C.F.R. § 54.410   Cited 1 times

    A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. 28 C.F.R. § 54.410

  25. Section 0.51 - Leadership and coordination of nondiscrimination laws

    28 C.F.R. § 0.51

    (a) The Assistant Attorney General in charge of the Civil Rights Division shall, except as reserved herein, exercise the authority vested in and perform the functions assigned to the Attorney General by Executive Order 12250 ("Leadership and Coordination of Nondiscrimination Laws"). This delegation does not include the function, vested in the Attorney General by sections 1-101 and 1-102 of the Executive order, of approving agency rules, regulations, and orders of general applicability issued under

  26. Section 54.400 - Education programs or activities

    28 C.F.R. § 54.400

    (a)General. Except as provided elsewhere in these Title IX regulations, no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient that receives Federal financial assistance. Sections 54.400 through 54.455 do not apply to actions of a recipient in connection with admission of its students to