Court Decisions from 2005
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Read NSCLC's analysis of court decisions from 2005
- 9th Cir. Rejects Another Sec. 1983 Medicaid Claim
- In a brief unsigned, unpublished memorandum, the Ninth Circuit has reversed a district court that had allowed Medicaid recipients to challenge California's reduction in the reimbursement rates paid to...
- Supreme Court Grants Cert in Federal Diversity Case
- The Supreme Court has agreed to interpret the term “located” in a federal statute providing that national banking associations are citizens of the states in which they are located for purposes of ...
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High Court Defers to Legislatures on Takings for “Public Use”
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- The Supreme Court has upheld the City of New London’s plan to acquire private waterfront homes for private economic development, ruling that courts must defer to legislatures about whether a taking ...
- Supreme Court Upholds Broad Congressional Power in Marijuana Case
- In a case with implications for congressional power in widely ranging areas, the Supreme Court held by a 6-3 vote that Congress has the power under the Commerce Clause to criminalize the noncommercial...
- Religious Act Upheld; Radical Thomas Concurrence
- The Supreme Court has unanimously rejected a facial Establishment Clause challenge to section 3 of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc-1(a)(1)-...
- No Standing if Third Party Breaks Causal Chain; Second Chance to Show Standing
- The Fourth Circuit has held that a gun-show promoter and a gun-show exhibitor do not have standing to challenge a county law that denies public funding to venues owned by third parties that display an...