anti-commandeering

7 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-402 Oklahoma, et al. v. United States, et al. Sixth Circuit 2023-10-17 Rehearing Amici (5)Relisted (6) administrative-law anti-commandeering federal-rulemaking federal-trade-commission horseracing-industry non-delegation-doctrine private-non-delegation regulatory-power state-funding state-taxation The Horseracing Integrity and Safety Act of 2020, 15 U.S.C. §§ 3051–3060, delegates federal rulemaking power to a private corporation—the Horseracing …
22-6248 Paul Tay v. Michelle Diane Tilley Nichols, et al. Oklahoma 2022-12-07 Denied Response WaivedIFP anti-commandeering anti-commandeering-doctrine controlled-substances-act election-activities federal-preemption indian-treaties marijuana marijuana-regulation state-jurisdiction treaty-law Does the Controlled Substances Act preempt State consent to use, possession, cultivation, processing, transportation, and sale of marijuana and any of…
22-43 Program Administrator of the New Hampshire Controlled Drug Prescription Health and Safety Program v. Department of Justice First Circuit 2022-07-15 Denied Response Waived administrative-subpoena anti-commandeering commandeering drug-enforcement federalism healthcare-program prescription-drug-monitoring state-data state-official state-sovereignty 1. Whether an administrative investigative subpoena issued under 21 U.S.C. §876 to a state official commanding her to act in her official capacity to …
21-1463 Missouri, et al. v. Joseph R. Biden, Jr., President of the United States, et al. Eighth Circuit 2022-05-19 Denied Amici (1) administrative-procedure-act anti-commandeering reliance-interests spending-clause statutory-authority tenth-amendment vaccine-mandate 1. Whether the Mandate violates the Administrative Procedure Act (APA) because it is arbitrary, capricious, and unlawful? 2. Whether the Mandate is u…
21-377 Cherokee Nation, et al. v. Chad Everet Brackeen, et al. Fifth Circuit 2021-09-08 Judgment Issued Response WaivedRelisted (5) anti-commandeering child-welfare civil-rights equal-protection indian-child-welfare-act morton-v-mancari placement-preferences spending-clause state-commandeering tribal-rights In 1978, Congress enacted the Indian Child Welfare Act ("ICWA") to remedy the "alarmingly high percentage of Indian families [being] broken up by the …
21-378 Texas v. Deb Haaland, Secretary of the Interior, et al. Fifth Circuit 2021-09-08 Judgment Issued Relisted (5) anti-commandeering anticommandeering child-custody child-custody-proceedings commerce-clause equal-protection indian-child-welfare-act indian-commerce-clause nondelegation nondelegation-doctrine The Indian Child Welfare Act, 25 U.S.C. § § 1901- 63 (ICWA), creates a child -custody regime for "Indian children," a status defined by a child's gene…
19-532 United States v. California, et al. Ninth Circuit 2019-10-23 Denied Amici (3)Relisted (14) anti-commandeering civil-rights federal-law federal-preemption immigration immigration-enforcement immigration-law information-sharing intergovernmental-immunity preemption sb-54 state-enforcement state-law Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigratio…