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Opinions by Date and Title
Date Sorted DescendingTitleHeadnotes
2009-June-16Constitutionality of the Matthew Shepard Hate Crimes Prevention Act
(Posted 2009-August-24)
The two new criminal prohibitions created in the Matthew Shepard Hate Crimes Prevention Act would be constitutional.
2009-June-11Withdrawal of Office of Legal Counsel Opinion
(Posted 2009-August-24)
One previous opinion of the Office of Legal Counsel concerning interrogations by the Central Intelligence Agency is withdrawn and no longer represents the views of the Office.
2009-June-01Constitutionality of Section 7054 of the Fiscal Year 2009 Foreign Appropriations Act
(Posted 2009-August-24)
Section 7054 of the Fiscal Year 2009 Department of State, Foreign Operations, and Related Programs Appropriations Act, which purports to prohibit all funds made available under title I of that Act from being used to pay the expenses for any United States delegation to a specialized UN agency, body, or commission that is chaired or presided over by a country with a government that the Secretary of State has determined supports international terrorism, unconstitutionally infringes on the President’s authority to conduct the Nation’s diplomacy, and the State Department may disregard it.
2009-May-20Validity of Statutory Rollbacks as a Means of Complying With the Ineligibility ClauseWhere a salary increase for an executive office would otherwise create a bar to appointment of a member of Congress under the Ineligibility Clause, compliance with the Clause can be achieved by legislation rolling back the salary of the office before the appointment.
2009-April-21Constitutionality of the Ronald Reagan Centennial Commission Act of 2009
(Posted 2009-August-24)
Provisions in the Ronald Reagan Centennial Commission Act of 2009 establishing that six of eleven commissioners of the Ronald Reagan Centennial Commission would be members of Congress, appointed by congressional leadership, would raise concerns under the Appointments Clause, the Ineligibility Clause, and the separation of powers.
2009-April-15Withdrawal of Office of Legal Counsel CIA Interrogation Opinions
(Posted 2009-August-24)
Four previous opinions of the Office of Legal Counsel concerning interrogations by the Central Intelligence Agency are withdrawn and no longer represent the views of the Office.
2009-January-14Status of Presidential Memorandum Addressing the Use of Polygraphs
(Posted 2009-January-16)
An undated four-page memorandum from President Lyndon Johnson entitled “Use of the Polygraph in the Executive Branch” and addressed to the heads of Executive Branch departments and agencies, which was neither issued as a directive to the Executive Branch nor understood contemporaneously to have legal effect, does not now bind the Department of Justice or other entities within the Executive Branch.
2009-January-09Legal Issues Relating to the Testing, Use, and Deployment of an Intrusion-detection System (EINSTEIN 2.0) to Protect Unclassified Computer Networks in the Executive Branch
(Posted 2009-September-18)
An intrusion-detection system known as EINSTEIN 2.0 used to protect civilian unclassified networks in the Executive Branch against malicious network activity complies with the Fourth Amendment to the Constitution, the Wiretap Act, 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.
2008-December-18Meaning of “Temporary” Work Under 8 U.S.C. § 1101(a)(15)(h)(ii)(b)"
(Posted 2008-December-19)
A regulation proposed by United States Citizenship and Immigration Services providing that “temporary” work under the H-2B visa program ”[g]enerally . . . will be limited to one year or less, but . . . could last up to 3 years” is based on a permissible reading of 8 U.S.C. § 1101(a)(15)(H)(ii)(b) and is consistent with the 1987 opinion of this Office addressing the meaning of “temporary” work under 8 U.S.C. § 1101(a)(15)(H)(ii)(a). 
2008-November-14Constitutionality of the OLC Reporting Act of 2008
(Posted 2009-January-12)
S. 3501, the “OLC Reporting Act of 2008,” which would require the Department of Justice to report to Congress on a wide range of confidential legal advice that is protected by constitutional privilege, is unconstitutional.
The bill raises very serious policy concerns because it would undermine the public interest in confidential advice and information sharing that is critical to informed and effective Government decisionmaking.

Updated: April 2014