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Opinions
VA’s Authority to Fill Certain Prescriptions Written by Non-VA Physicians
The Department of Veterans Affairs is authorized to fill prescriptions written by non-VA physicians for veterans placed on VA waiting lists.
Designation of Acting Director of the Office of Management and Budget
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.”
Application of 18 U.S.C. § 603 to Contributions to the President’s Re-Election Committee
Civilian executive branch employees do not violate 18 U.S.C. § 603 by contributing to a President’s authorized re-election campaign committee.
Authority of the Department of the Interior to Provide Historic Preservation Grants to Historic Religious Properties Such as the Old North Church
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.
Bond Proceeding of Undocumented Aliens Seeking to Enter the United States Illegally
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 Immigration and Nationality Act.
Scope of the Attorney General’s Authority to Assign Duties Under 21 U.S.C. § 878(a)(5)
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.
NLRB Quorum Requirements
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.
Limitations on the Detention Authority of the Immigration and Naturalization Service
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. An obligation to act with “reasonable dispatch” will attach at some point after the expiration of the 90-day removal period.
Department of Transportation Authority to Exempt Canadian Truck Drivers From Criminal Liability for Transporting Explosives
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.
The Department of Transportation, 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.
Appointment of Member of Holocaust Memorial Council
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.