Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

Dallas v. L.J.

Petition for certiorari denied on November 28, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
11-109 4th Cir. N/A N/A N/A N/A OT 2011
 
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Issue: (1) Whether a court misapplies the flexible standard demanded by Rule 60(b)(5) when it subordinates "sensitive federalism concerns" implicated by a long-running institutional-reform decree to the court's insistence that its previous decisions must be "dead wrong" before a state may obtain relief based on changes in the governing law; and (2) whether a federal court lacks power to enter and enforce a wide-ranging injunction based on a single state-plan element of the Adoption Assistance and Child Welfare Act of 1980, which makes federal funding conditional on a requirement that the state plan include certain elements to "gain the approval of" the Secretary of the federal Department of Health and Human Services.

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