federalism

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In 2011, John Sturgeon was moose hunting in Alaska when the National Park Service (“NPS”) informed him that he could not use his hovercraft on the Nation River within the Yukon-Charley preservation. Sturgeon v. Masica, No. 3:11-cv-0183-HRH, 2013 WL...

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The Rio Grande has its headwaters in Colorado, flows through New Mexico and Texas, and forms part of the border between the United States and Mexico. First Interim Report of the Special Master, Texas v. New Mexico and Colorado, at 32-33. In the late...

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On March 18, 1938, Texas, New Mexico, and Colorado signed the Rio Grande Compact (the “Compact”). Complaint at 2, Texas v. New Mexico and Colorado, (2013). The Compact resulted from a period of controversy among the states, in the early twentieth...

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In 2011, the Ohio National Guard (“the Guard”) signed a Collective Bargaining Agreement (“CBA”) with the American Federation of Government Employees (“the Union”), the union that represents the Guard’s technicians. The Ohio Adjutant General’s Dept., et...

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This consolidated action addresses whether the U.S. Constitution grants Congress the authority to enact 18 U.S.C. § 4248. See U.S. v. Comstock, 551 F.3d 274, 275–76 (4th Cir. 2009). Congress enacted § 4248 as part of the Adam Walsh Child Protection and...

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The Virginia Office for Protection and Advocacy ("VOPA") is an independent state agency that advocates for individuals with mental illnesses and developmental disabilities. See Virginia v. Reinhard, 568 F.3d 110, 113 (4th Cir. 2009). VOPA receives...

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In 2003, police in Virginia were discussing over the radio that someone nicknamed "Chubs" (David Lee Moore) was driving in the area. Moore v. Commonwealth, 622 S.E.2d 253, 255 (Va. Ct. App. 2005), rev'd, 636 S.E.2d 395 ( Va. 2006), cert. granted, 128 S...

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The following facts are taken from the Ninth Circuit’s opinion, 460 F.3d 1108 (9th Cir. 2006): the state of Washington employed a “blanket primary” system from 1935 until 2003. Blanket systems allow all voters, regardless of party affiliation, to vote...

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In 1963 Congress passed the Clean Air Act, which aimed to “protect and enhance” the quality of our air. Am. Lung Ass'n v. Envtl. Prot. Agency at 930. In 1970, Congress amended the Clean Air Act and granted the Environmental Protection Agency (“EPA”)...

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Petitioner Bruce Weyhrauch (“Weyhrauch”) is a former member of the Alaska House of Representatives. See United States v. Weyhrauch, 548 F.3d 1237, 1239 (9th Cir. 2008). In 2006, while Weyhrauch was still a state representative, the House dealt with...

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