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Opinions by Date and Title
Date Sorted DescendingTitleHeadnotes
2007-October-10Department of Justice Authority to Represent the Secretary of Housing and Urban Development in Certain Potential Suits
(Posted 2008-July-14)
The Department of Justice has statutory authority to represent the Secretary of Housing and Urban Development in suits that may arise from his decision to exercise his authority under the United States Housing Act of 1937 to override certain state civil service protections that would otherwise apply to employees of the Housing Authority of New Orleans.
2007-September-17Authority of the President to Name an Acting Attorney General
(Posted 2008-July-10)
The President may designate an Acting Attorney General under the Vacancies Reform Act, 5 U.S.C. §§ 3345-3349d, even if an officer of the Department otherwise could act under 28 U.S.C. § 508, which deals with succession to the office of the Attorney General. 
2007-August-21Whether the Office of Administration Is an “Agency” for Purposes of the Freedom of Information Act
(Posted 2009-August-24)
The Office of Administration, which provides administrative support to entities within the Executive Office of the President, is not an agency for purposes of the Freedom of Information Act.
2007-July-10Immunity of Former Counsel to the President From Compelled Congressional Testimony
(Posted 2008-March-26)
The former Counsel to the President is immune from compelled congressional testimony about matters that arose during her tenure as Counsel to the President and that relate to her official duties in that capacity and is not required to appear in response to a subpoena to testify about such matters.
2007-June-29Application of the Religious Freedom Restoration Act to the Award of a Grant Pursuant to the Juvenile Justice and Delinquency Prevention Act
(Posted 2008-October-14)
The Religious Freedom Restoration Act is reasonably construed to require the Office of Justice Programs to exempt World Vision-a religious organization that has been awarded a grant under the Juvenile Justice and Delinquency Prevention Act-from the religious nondiscrimination provision in 42 U.S.C. § 3789d(c)(1).
2007-June-27Assertion of Executive Privilege Concerning the Dismissal and Replacement of U.S. Attorneys
(Posted 2008-March-26)
Executive privilege may properly be asserted over the documents and testimony concerning the dismissal and replacement of United States Attorneys that have been subpoenaed by congressional committees.
2007-June-15Application of the Emoluments Clause to a Member of the Federal Bureau of Investigation Director's Advisory Board
(Posted 2007-July-30)
A member of the Federal Bureau of Investigation Director's Advisory Board does not hold an “Office of Profit or Trust” under the Emoluments Clause of the Constitution.
2007-May-23Constitutionality of D.C. Voting Rights Act of 2007
(Posted 2009-January-16)
S. 1257, a bill to grant the District of Columbia representation in the House of Representatives as well as to provide an additional House seat for Utah, violates the Constitution’s provisions governing the composition and election of the United States Congress.
2007-May-17When a Prior Conviction Qualifies as a ”Misdemeanor Crime of Domestic Violence”
(Posted 2007-September-14)
A “misdemeanor crime of domestic violence” under 18 U.S.C. § 922(g)(9) is limited to those offenses of which the use or attempted use of physical force or the threatened use of a deadly weapon is an element-that is, a factual predicate specified by law and required to support a conviction.
Where the legal definition of the crime at issue contains a disjunctive element (which requires proof of only one of multiple specified factual predicates), only one subpart of which requires the use or attempted use of physical force or the threatened use of a deadly weapon, application of the prohibition in section 922(g)(9) will turn on whether the factfinder found that the subpart meeting the “misdemeanor crime of domestic violence” definition had been proved (or whether the defendant pleaded guilty to that subpart). The answer to that question may be gleaned from the record of conviction or the supporting record of proceedings in the court of conviction. Police reports cannot answer that question.
The above interpretations also govern background checks by the Federal Bureau of Investigation for firearms transfers under the National Instant Background Check System, but additional materials, including police reports, may be relied upon by the NICS for certain limited purposes.
2007-April-16Officers of the United States Within the Meaning of the Appointments Clause
(Posted 2007-April-26)
A position to which is delegated by legal authority a portion of the sovereign powers of the federal Government and that is “continuing” is a federal office subject to the Constitution's Appointments Clause. A person who would hold such a position must be properly made an “Officer[] of the United States” by being appointed pursuant to the procedures specified in the Appointments Clause.

Updated: April 2014