§Why CasetextPricing

Walters et al v. Holder, Jr. et al

MEMORANDUM in Support re MOTION to Dismiss

137 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,052 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"

  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,189 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

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

    523 U.S. 83 (1998)   Cited 10,829 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  4. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,022 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  5. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,446 times   15 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  6. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,650 times   4 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  7. 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 )

  8. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,865 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  9. Wash. State Grange v. Wa. State Repub. Party

    552 U.S. 442 (2008)   Cited 1,260 times   4 Legal Analyses
    Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"

  10. Chavez v. Martinez

    538 U.S. 760 (2003)   Cited 1,255 times   7 Legal Analyses
    Holding that a failure to read Miranda warnings did not violate the respondent's constitutional rights

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,526 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,636 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  13. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,646 times   67 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706

  14. Section 7421 - Prohibition of suits to restrain assessment or collection

    26 U.S.C. § 7421   Cited 2,007 times   13 Legal Analyses
    Banning injunctions against future tax collection, subject to enumerated exceptions

  15. Section 1395dd - Examination and treatment for emergency medical conditions and women in labor

    42 U.S.C. § 1395dd   Cited 1,376 times   42 Legal Analyses
    Providing for civil penalties of up to $50,000 for a physician who "signs a certification under subsection (c) ... if the physician knew or should have known that the benefits did not outweigh the risks"

  16. Section 6671 - Rules for application of assessable penalties

    26 U.S.C. § 6671   Cited 499 times   11 Legal Analyses
    Holding that § 6502's reference to "tax" includes penalties and liabilities.

  17. Section 5000A - Requirement to maintain minimum essential coverage

    26 U.S.C. § 5000A   Cited 199 times   23 Legal Analyses
    Setting out IRS enforcement only of the taxpayer's failure to pay the penalty, not of the taxpayer's failure to maintain minimum essential coverage

  18. Section 4980H - Shared responsibility for employers regarding health coverage

    26 U.S.C. § 4980H   Cited 116 times   46 Legal Analyses
    Establishing an employer mandate

  19. Section 1181 - Increased portability through limitation on preexisting condition exclusions

    29 U.S.C. § 1181   Cited 84 times   4 Legal Analyses
    Relating to protection of patients' right to have their health information kept private and secure

  20. Section 36B - Refundable credit for coverage under a qualified health plan

    26 U.S.C. § 36B   Cited 80 times   35 Legal Analyses
    Providing premium tax credits to make health insurance plans, including employer-sponsored plans, more affordable