Brownback v. King
A plaintiff needs to plausibly allege, under state law, “the United States, if a private person, would be liable to the claimant” to survive both a Rule 12(b)(6) merits determination and a subject-matter jurisdiction determination. §1346(b)(1).
Area(s) of Law:- Civil Procedure
American Medical Assn. v. Cochran, Sec. of H&HS
In 2019, the Department of Health and Human Services (HHS) issued a Rule imposing major changes on the Title X family planning program. See 84 Fed. Reg. 7,714 (Mar. 4, 2019). The Rule both prohibits and compels certain pregnancy-related speech between a Title X provider and her patient, proscribing abortion-related information but requiring information about non-abortion options—regardless of what the patient wants. The Rule also imposes burdensome physical separation requirements on any Title X provider engaging in abortion-related activities outside the Title X program. 1. Whether the Rule is arbitrary and capricious. 2. Whether the Rule violates the Title X appropriations act, which requires that “all pregnancy counseling” under Title X 'shall be nondirective.' 3. Whether the Rule violates Section 1554 of the Affordable Care Act, 42 U.S.C. § 18114, which requires that HHS 'shall not promulgate any regulation' that harms patient care in any one of six ways, including by 'interfer[ing] with communications' between a patient and her provider.
Area(s) of Law:- Administrative Law
Federal Republic of Germany v. Philipp
The expropriation exception to the Foreign Sovereign Immunities Act incorporates the domestic takings rule, which makes a sovereign’s taking of its own nationals’ property a domestic affair.
Area(s) of Law:- Sovereign Immunity
Salinas v. United States Railroad Retirement Board
Judicial review is available, under the Railroad Retirement Act of 1974 (RRA), to the same degree available under the judicial review provision of the Railroad Unemployment Insurance Act (RUIA). Therefore, the qualification for judicial review under the RRA is contingent on the meaning of the phrase “any final decision” as used in §355(f) of the RUIA.
Area(s) of Law:- Administrative Law