Category Archives: Federal Rights

D.D.C.: FDA’s rule re cigarette labels violates First Amendment

After finding that a recently-issued final rule by the U.S. Food and Drug Administration (“FDA”) likely violates the Free Speech Clause of the First Amendment, a district court issued a preliminary injunction against the enforcement of the final rule. R.J. … Continue reading

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9th Cir: Younger Abstention in Challenge to Attorney Caseloads in Foster Care Cases

In a per curiam opinion, the Ninth Circuit upheld a district court’s decision to abstain from adjudicating a lawsuit brought by a group of foster children under 42 U.S.C. § 1983. E.T. v. Cantil-Sakauye, 657 F.3d 902 (9th Cir. 2011). … Continue reading

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D.C.Cir.: ACA’s individual mandate constitutional

The D.C. Circuit Court of Appeals upheld the constitutionality of the Affordable Care Act’s individual mandate under the Commerce Clause, rejecting the applicability of the Anti-Injunction Act. One judge dissented, arguing that the suit should be dismissed, based on the … Continue reading

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NSCLC Statement on DC Ct of Appeals ACA Ruling

The DC Circuit Court of Appeals ruled today that the Affordable Care Act (ACA) is constitutional. Of particular significance in terms of its likely consideration by the Supreme Court is that Senior Circuit Judge Laurence Silberman, a well known conservative … Continue reading

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N.D.Fla.: Institutionalized plaintiffs have divergent interests from community plaintiffs, defeating class certification

In a further development in litigation challenging a lengthy waiting list for Medicaid funding for Florida’s Home and Community Based Services Waiver program, the district court for the Northern District of Florida denied a motion for class certification from a … Continue reading

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M.D.N.C.: Abortion Law’s Compelled Speech Violates 1st Amendment

After reviewing a provision of a North Carolina law that requires physicians or other healthcare providers to make an ultrasound image visible to a woman seeking an abortion and to describe to the patient the images seen on an ultrasound, … Continue reading

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D.D.C.: no standing to challenge involvement in Libyan conflict

After concluding that ten members of Congress lack standing to challenge the U.S. military’s involvement in the Libyan conflict, a district court dismissed their lawsuit against President Obama and his administration. Kucinich v. Obama, No. 11-1096, 2011 WL 5005303 (D.D.C. … Continue reading

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SG letter to Supreme Court in Douglas cases

On Friday, the SG sent the attached letter to the Supreme Court in the pending litigation, Douglas v. ILC and consolidated cases.  These cases address the availability of a claim under preemption to enjoin conflicts between federal and state law.  … Continue reading

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D. Kan: extends injunction against Kansas law to intervening family planning clinic

Having already issued an injunction in a suit by Planned Parenthood enjoining enforcement of a Kansas law designed to defund Planned Parenthood, the Kansas district court granted the subsequent request of the Dodge City Family Planning Clinic (DCFP) to intervene … Continue reading

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D.P.R.: Dismisses constitutional and statutory claims of a Section 8 tenant against landlord and state housing authority

The District Court for Puerto Rico dismissed constitutional, federal statutory, and state law claims of Section 8 tenants against their landlord and the state housing authority. Reyes-Garay v. Integrand Assurance Company, No. 10-1477, 2011 WL 4840709 (D.P.R. Sept. 30, 2011). … Continue reading

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