WHETHER CERTAIN DIRECT RECORDING ELECTRONIC VOTING SYSTEMS COMPLY WITH THE HELP AMERICA VOTE ACT AND THE AMERICANS WITH DISABILITIES ACT
drevotingsystems.htm
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A direct recording electronic voting system that produces a contemporaneous paper record, which is not accessible to sight-impaired voters but which allows sighted voters to confirm that their ballots accurately reflect their choices before the system officially records their votes, would be consistent with the Help America Vote Act and with Title II of the Americans with Disabilities Act, so long as the voting system provides a similar opportunity for sight-impaired voters to verify their ballots before those ballots are finally cast.
October 10, 2003 |
HOLDOVER AND REMOVAL OF MEMBERS OF AMTRAK'S REFORM BOARD
amtrak.htm
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A member of Amtrak's Reform Board whose statutory term has expired may not hold over in office until a successor is appointed.
September 22, 2003 |
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ACTIONS AGAINST PUBLIC EMPLOYERS TO ENFORCE SETTLEMENT OR CONCILIATION AGREEMENTS
eeoc_authority_opinion_final.htm
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The Equal Employment Opportunity Commission lacks the authority to initiate an action in federal court against a public employer to enforce a settlement or conciliation agreement negotiated by the EEOC during its administrative process.
September 8, 2003 |
TEMPORARY FILLING OF VACANCIES IN THE OFFICE OF UNITED STATES ATTORNEY
09052003_usaqanda.pdf
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Two statutes that provide for the temporary filling of vacancies in the office of United States Attorney, 28 U.S.C. § 546 and 5 U.S.C. §§ 3345-3349d, operate independently, and either or both may be used for a particular vacancy.
September 5, 2003 |
AUTHORITY OF CHIEF FINANCIAL OFFICER UNDER FY 2003 HUD APPROPRIATIONS
hudapprop.htm
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Provisions of the Department of Housing and Urban Development Appropriations Act for FY 2003 did not assign all responsibility for appropriations law matters to HUD's Chief Financial Officer to the exclusion of the General Counsel.
August 12, 2003 |
ELIGIBILITY OF UNLEGITIMATED CHILDREN FOR DERIVATIVE CITIZENSHIP
ins_opinion.pdf |
An alien child who was born out of wedlock and whose paternity has not been established by legitimation is eligible for derivative citizenship under section 320 of the Immigration and Naturalization Act at the time the child's mother becomes a naturalized citizen.
July 24, 2003 |
VA'S AUTHORITY TO FILL CERTAIN PRESCRIPTIONS WRITTEN BY NON-VA PHYSICIANS
vaprescriptions.htm
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The Department of Veterans Affairs is authorized to fill prescriptions written by non-VA physicians for veterans placed on VA waiting lists.
July 3, 2003 |
DESIGNATION OF ACTING DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
06122003_ombdirector2.pdf
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The President’s designation of an employee to act as Director of OMB under the Vacancies Reform Act, 5 U.S.C. §§ 3345-3349d, is itself the appointment of an inferior officer and satisfies the Appointments Clause, U.S. Const. Art. II, § 2, cl. 2, even if the employee had not earlier been an "Officer of the United States."
June 12, 2003 |
APPLICATION OF 18 U.S.C. 603 TO CONTRIBUTIONS TO THE PRESIDENT’S RE-ELECTION COMMITTEE
18usc603.pdf |
Civilian Executive Branch employees do not violate 18 U.S.C. 603 by contributing to a President’s authorized re-election campaign committee.
May 23, 2003 |
AUTHORITY OF THE DEPARTMENT OF THE INTERIOR TO PROVIDE HISTORIC PRESERVATION GRANTS TO HISTORIC RELIGIOUS PROPERTIES SUCH AS THE OLD NORTH CHURCH
OldNorthChurch.htm
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The Establishment Clause does not bar the award of historic preservation grants to the Old North Church or to other active houses of worship that qualify for such assistance, and the section of the National Historic Preservation Act authorizing the provision of historic preservation assistance to religious properties listed on the National Register of Historic Places is constitutional.
April 30, 2003 |
BOND PROCEEDING OF UNDOCUMENTED ALIENS SEEKING TO ENTER
THE UNITED STATES ILLEGALLY
InreDJ.htm
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In determining whether to release on bond undocumented migrants who arrive in the United States by sea seeking to evade inspection, it is appropriate to consider national security interests implicated by the encouragement of further unlawful mass migrations and the release of undocumented alien migrants into the United States without adequate screening.
In bond proceedings involving aliens seeking to enter the United States illegally, where the Government offers evidence from sources in the Executive Branch with relevant expertise establishing that significant national security interests are implicated, Immigration Judges and the Board of Immigration Appeals shall consider such interests.
Considering national security grounds applicable to a category of aliens in denying an unadmitted alien’s request for release on bond does not violate any due process right to an individualized determination in bond proceedings under section 236(a) of the Act.
April 17, 2003 |
SCOPE OF THE ATTORNEY GENERAL’S AUTHORITY TO ASSIGN DUTIES UNDER 21 U.S.C. § 878(a)(5)
dea_21usc_03242003.pdf
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Under 21 U.S.C. § 878(a)(5), the Attorney General may authorize the Drug Enforcement Administration to investigate possible violations of federal law, even if those violations do not concern the narcotics laws.
March 24, 2003 |
QUORUM REQUIREMENTS
nlrb_quorum_03042003.pdf
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The National Labor Relations Board may issue decisions even when only two of its five seats are filled, if the Board, at a time when it has at least three members, delegates all its powers to a three-member group and the two remaining members are part of this group and both participate in the decisions.
March 4, 2003 |
LIMITATIONS ON THE DETENTION AUTHORITY OF
THE IMMIGRATION AND NATURALIZATION SERVICE
INSDetention.htm
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The Immigration and Nationality Act by its terms grants the Attorney General a full 90 days to effect an alien’s removal after the alien is ordered removed under section 241(a) of the Act, and it imposes no duty on the Attorney General to act as quickly as possible, or with any particular degree of dispatch, within the 90-day period. This reading of the Act raises no constitutional infirmity.
It is permissible for the Attorney General to take more than the 90-day removal period to remove an alien even when it would be within the Attorney General's power to effect the removal within 90 days. The Attorney General can take such action, however, only when the delay in removal is related to effectuating the immigration laws and the nation’s immigration policies. Among other things, delays in removal that are attributable to investigating whether and to what extent an alien has terrorist connections satisfy this standard.
February 20, 2003 |
APPOINTMENT OF MEMBER OF HOLOCAUST MEMORIAL COUNCIL
holocaustmemorial.htm
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The process of appointing an individual as a member of the United States Holocaust Memorial Council was not completed.
Even if the process of appointing a member of the Council had been completed, the President's appointment of another individual to that same position effected a removal of that appointee.
February 6, 2003 |
DEPARTMENT OF TRANSPORTATION AUTHORITY TO EXEMPT CANADIAN TRUCK DRIVERS FROM CRIMINAL LIABILITY FOR TRANSPORTING EXPLOSIVES
canadian_truckers.htm
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The Department of Transportation possesses the authority to issue a regulation that, under section 845(a)(1) of title 18, would exempt Canadian truck drivers from criminal liability under section 842(i) of that title. DoT, however, has not issued such a regulation, and therefore section 842(i) liability would attach to a Canadian truck driver transporting explosives in the United States.
February 6, 2003 |
WHETHER CANTEEN SERVICE PROVIDED THROUGH THE VETERANS’ CANTEEN SERVICE IS EXEMPT FROM REVIEW UNDER THE FEDERAL ACTIVITIES INVENTORY REFORM ACT OF 1998
veteranscanteen.htm
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Canteen service provided through the Veterans’ Canteen Service is not exempt from review under the Federal Activities Inventory Reform Act of 1998.
January 31, 2003 |
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S AUTHORITY TO IMPOSE MONETARY SANCTIONS AGAINST FEDERAL AGENCIES FOR FAILURE TO COMPLY WITH ORDERS ISSUED BY EEOC ADMINISTRATIVE JUDGES
01062003_eeocnavy.pdf
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The doctrine of sovereign immunity precludes the Equal Employment Opportunity Commission from imposing monetary sanctions against federal agencies for violations of orders of EEOC administrative judges.
January 6, 2003 |
FUNDING FOR TECHNICAL ASSISTANCE FOR AGRICULTURAL CONSERVATION PROGRAMS
usdasection11.htm
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Funding for technical assistance for the agricultural conservation programs listed in amended section 1241(a) of the Food Security Act of 1985 is subject to the "section 11 cap" on transfer of Commodity Credit Corporation funds. The Secretary of Agriculture may draw on the Department of Agriculture's appropriation for Conservation Operations to fund technical assistance for these programs.
January 3, 2003 |
