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Opinions
Constitutionality of the Rohrabacher Amendment
The Rohrabacher Amendment, which imposes a funding restriction on the Justice Department’s ability to litigate matters relating to the Treaty of Peace with Japan, violates established separation of powers principles and, therefore, is unconstitutional.
Whether Physician-Assisted Suicide Serves a “Legitimate Medical Purpose” Under DEA Regulations
A physician’s assisting in a patient’s suicide, even in a manner permitted by state law, is not a “legitimate medical purpose” within the meaning of a Drug Enforcement Agency regulation, and accordingly dispensing controlled substances for this purpose violates the Controlled Substances Act, which the DEA regulation implements.
Direct Aid to Faith-Based Organizations Under the Charitable Choice Provisions of the Community Solutions Act of 2001
Congress may, consistent with the Establishment Clause, extend the religious exemptions under Title VII of the Civil Rights Act of 1964 to faith-based organizations receiving direct payments of federal money under the charitable choice provisions set forth in section 1994A of H.R. 7, the Community Solutions Act of 2001.
The fact that a faith-based organization is organized as a tax-exempt, nonprofit entity under section 501(c)(3) of the Internal Revenue Code does not affect the organization’s ability to invoke the religious exemptions under sections 702(a) and 703(e)(2) of the Civil Rights Act of 1964.
Indirect Aid to Faith-Based Organizations Under the Charitable Choice Provisions of the Community Solutions Act of 2001
The Establishment Clause of the First Amendment does not necessitate that the charitable choice provisions of H.R. 7, the Community Solutions Act, require faith-based organizations receiving indirect payments of federal money to segregate such funds into an account separate from the organizations' general operating accounts.
Applicability of Post-Employment Restrictions in 18 U.S.C. § 207 to a Former Government Official Representing a Former President or Vice President in Connection with the Presidential Records Act
Title 18, section 207, U.S. Code, would not prohibit a former government official from representing a former President or former Vice President in connection with his role under the Presidential Records Act, 44 U.S.C. §§ 2201–2207 (1994).
Authority of State Officials to Share Motor Vehicle Record Information With the Department of Defense or Its Contractors
The Drivers’ Privacy Protection Act permits state Department of Motor Vehicles offices to release covered information in motor vehicle records to both the Department of Defense and private entities acting on DoD’s behalf, provided that the records are used for a statutorily approved purpose of DoD, such as military recruitment.
Emoluments Clause and World Bank
An international organization in which the United States participates, such as the International Bank for Reconstruction and Development, is not a “foreign State” under the Emoluments Clause, U.S. Const. art. I, § 9, cl. 8.
Obligation to Sell Governors Island
The statutory requirement that the Administrator of General Services sell Governors Island at fair market value continues to apply notwithstanding the President’s subsequent reservation of Governors Island as a national monument under the Antiquities Act.
Regulation of an Inmate’s Access to the Media
So long as the Bureau of Prisons’ decision to regulate an inmate’s access to the news media is reasonably related to the legitimate penological interests articulated in the applicable regulations, the Bureau of Prisons may bar face-to-face media interviews or videotaped media interviews with an inmate, or place other reasonable conditions and restrictions on such interviews.
Authority of the President to Remove the Staff Director of the Civil Rights Commission and Appoint an Acting Staff Director
The President has the authority to remove the Staff Director of the United States Commission on Civil Rights and to appoint an Acting Staff Director.