Section 530B - Ethical standards for attorneys for the Government

1 Citing brief

  1. United States of America v. Supreme Court of the State of New Mexico et al

    MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment in Plaintiff's favor, MOTION for Judgment as a Matter of Law in Defendants' Favor

    Filed November 20, 2013

    C. Rule 16-308(E) survives Plaintiff’s facial challenge because it has a plainly legitimate sweep and is not invalid in all instances. If the Court wants to go further than the precedent established by the Colorado Supreme Court opinion and the express directive of Congress in 28 U.S.C. § 530B, then the obvious starting point for Plaintiff’s “facial challenge” is to apply the Salerno test, which other courts have routinely applied to preemption claims. See Cal.