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Opinions by Date and Title
Date Sorted DescendingTitleHeadnotes
2009
2009-December-08Whether Subsection 104(b)(4) of the Clean Air Act Permits the Receipt of Monetary Donations
(Posted 2010-February-23)
Subsection 104(b)(4) of the Clean Air Act does not permit the EPA to accept and use donations of money.
Subsection 104(b)(4) of the Clean Air Act permits the EPA to accept items of personal property (other than money), such as an automobile, so long as the property in question would be received for use directly in the anti-pollution research authorized by section 104.
2009-December-07Applicability of the Emoluments Clause and the Foreign Gifts and Decorations Act to the President's Receipt of the Nobel Peace Prize
(Posted 2010-April-15)
The Emoluments Clause of the Constitution does not apply to the President’s receipt of the Nobel Peace Prize.
The Foreign Gifts and Decorations Act does not bar the President from accepting the Peace Prize without congressional consent.
The Foreign Gifts and Decorations Act does not bar the President from accepting the Peace Prize without congressional consent.
2009-November-24Whether the Ten-year Minimum Sentence in 18 U.S.C. § 924(c)(1)(b)(i) Applies to Semiautomatic Assault Weapons
(Posted 2009-November-25)
Semiautomatic assault weapons are no longer among the firearms to which the ten-year minimum sentence in section 924(c)(1)(B)(i) of title 18 applies.
2009-October-23Removability of the Federal Coordinator for Alaska Natural Gas Transportation Projects
(Posted 2009-November-25)
The Federal Coordinator for the Alaska Natural Gas Transportation Projects serves at the pleasure of the President and thus may be removed at the President’s will.
2009-October-23Applicability of Section 163 of Division B of Public Law 111-68 to Payments in Satisfaction of Pre-existing Contractual Obligations
(Posted 2009-November-25)
Section 163 of Division B (“Continuing Appropriations Resolution, 2010”) of Public Law 111-68 does not direct or authorize the Department of Housing and Urban Development to breach a pre-existing binding contractual obligation to make payments to the Association of Community Organizations for Reform Now or its affiliates, subsidiaries, or allied organizations where doing so would give rise to contractual liability.
2009-October-22Constitutionality of Mandatory Registration of Credit Rating Agencies
(Posted 2009-November-25)
The Administration’s proposal for mandatory registration of credit rating agencies, which would include an exemption designed to address First Amendment concerns, would satisfy the First Amendment’s requirements.
2009-September-08Authority of the Former Inspector General of the Federal Housing Finance Board to Act as Inspector General for the Federal Housing Finance Agency
(Posted 2009-November-25)
The Federal Housing Finance Board Inspector General did not by statute automatically acquire authority to act as Inspector General for the Federal Housing Finance Agency at the time of the enactment of the Federal Housing Finance Regulatory Reform Act of 2008.
The former Federal Housing Finance Board Inspector General cannot appoint employees to the Office of Inspector General for the Federal Housing Finance Agency.
2009-August-21Permissibility of Small Business Administration Regulations Implementing the Historically Underutilized Business Zone, 8(a) Business Development, and Service-disabled Veteran-owned Small Business Concerns Programs
(Posted 2009-September-02)
The Small Business Administration's regulations governing the interplay among the Historically Underutilized Business Zone Program, the 8(a) Business Development Program, and the Service-Disabled Veteran-Owned Small Business Concern Program constitute a permissible construction of the Small Business Act.
The Small Business Act does not compel the prioritization of awards under the Historically Underutilized Business Zone Program over those under the 8(a) Business Development Program and the Service-Disabled Veteran-Owned Small Business Concern Program. The Small Business Administration's regulations permissibly authorize contracting officers to exercise their discretion to choose among these three programs in setting aside contracts to be awarded to qualified small business concerns.
The Office of Legal Counsel's conclusion that the Small Business Administration's regulations are reasonable is binding on all Executive Branch agencies. 
2009-August-14Legality  of Intrusion-detection System to Protect Unclassified Computer Networks in the Executive BranchOperation of the EINSTEIN 2.0 intrusion-detection system complies with the Fourth Amendment to the Constitution, title III of the Omnibus Crime Control and Safe Streets Act of 1968, the Foreign Intelligence Surveillance Act, the Stored Communications Act, and the pen register and trap and trace provisions of chapter 206 of title 18, United States Code, provided that certain log-on banners or computer-user agreements are consistently adopted, implemented, and enforced by executive departments and agencies using the system. Operation of the EINSTEIN 2.0 system also does not run afoul of state wiretapping or communications privacy laws.
2009-July-08Eligibility of a Retired Military Officer for Appointment as Administrator of the National Aeronautics and Space AdministrationA retired military officer—and certainly one who has engaged in civilian pursuits after his retirement—is eligible for appointment as Administrator of the National Aeronautics and Space Administration.

Updated: April 2014